Legal Opinion
Ochs v. Streater, Inc.
Court of Appeals of Minnesota
Decided September 2, 1997No. C4-97-446PublishedCited by 10 opinions
1Opinion of the Court
OPINION
DAVIES, Judge.
The district court dismissed appellant’s age discrimination complaint with prejudice because respondent was not served with a summons and complaint within the 45-day period provided by Minn.Stat. § 363.14, subd. 1(a)(1) (1996). Appellant argues that because his complaint was filed with the district court within the statutory period, although not served, the action was “brought” within the meaning of the statute. Alternatively, appellant seeks equitable tolling of the statute of limitations because respondent was not prejudiced by the delay in service and failed to raise…
2Cases cited9 opinions
- Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
- State Ex Rel. Cooper v. FrenchSupreme Court of Minnesota · 1990
- Hibbing Education Ass'n v. Public Employment Relations BoardSupreme Court of Minnesota · 1985
- Concordia College Corp. v. W.R. Grace & Co.Court of Appeals for the Eighth Circuit · 1993
- First Resort, Inc. v. Dennis HerreraCourt of Appeals for the Ninth Circuit · 2017
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McKenzie v. Lunds, Inc.District Court, D. Minnesota · 1999
- Chappell v. BUTTERFIELD-ODIN SCHOOL DISTRICT NO. 836District Court, D. Minnesota · 2009
- Raygor v. University of MinnesotaCourt of Appeals of Minnesota · 2000
- Abarca v. LittleDistrict Court, D. Minnesota · 2014
- Ford v. Minneapolis Public SchoolsCourt of Appeals of Minnesota · 2014
5 more not listed; retrieve them via the Exa API.