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Minnesota Supreme Court Confirms that Minnesota's Statutes of Limitations Govern Out-of-State Claims
Date:9/5/2009

On September 2, 2009, the Minnesota Supreme Court held that Minnesota’s statute of limitations would govern all personal injury claims properly brought in Minnesota courts. In Fleeger v. Wyeth (A08-2124), the federal district court in Little Rock, Arkansas presiding over the hormone therapy MDL proceedings certified a question to the Minnesota Supreme Court as to whether Minnesota’s statutes of limitations would govern the claims of out-of-state plaintiffs who sued out-of-state defendants for claims that accrued elsewhere. Erik Walker, an attorney at Hissey Kientz, LLP in Austin, Texas, principally authored the brief and argued the case for the plaintiff.

(Vocus) September 5, 2009 -- On September 2, 2009, the Minnesota Supreme Court held that Minnesota’s statute of limitations would govern all personal injury claims properly brought in Minnesota courts. In Fleeger v. Wyeth (A08-2124), the federal district court in Little Rock, Arkansas presiding over the hormone therapy MDL proceedings certified a question to the Minnesota Supreme Court as to whether Minnesota’s statutes of limitations would govern the claims of out-of-state plaintiffs who sued out-of-state defendants for claims that accrued elsewhere.

Minnesota’s highest court answered "yes," upholding longstanding state precedent finding that statutes of limitations are procedural in nature, therefore the law of the forum governs all claims in which personal jurisdiction is present in Minnesota. In doing so, the co
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