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September 2012

Minnesota Determines That Victim Compensation Fund Legislation May Be Used To Revive Claims Barred By The Statute Of Repose

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Minnesota Determines That Victim Compensation Fund Legislation May Be Used To Revive Claims Barred By The Statute Of Repose

The decision in Jacobs Engineering Group, Inc. v. Minnesota, 806 N.W.2d 820 (Minn. 2011) is a landmark construction law case. The Jacobs case arose out of the catastrophic collapse of the I-35W Bridge over the Mississippi river in August of 2007. The Minnesota Supreme Court held that Minnesota could use its I-35W bridge victim compensation fund as a means to retroactively revive claims against the companies that designed and constructed the bridge back in the 1960’s. In essence, the Jacobs decision eviscerated the engineer’s statute of repose defense more than twenty-five years after the repose defense vested.

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