Klehr v. Ao Smith Corporation’s Empirical Analysis
87 F.3d 231 · 1996
Citation profile
7 federal appellate · 9 district · 4 state decisions
How this case has been cited
Cited by 32 later decisions (1 by the Supreme Court) — most recently August 2016 · most notably Klehr v. Ao Smith Corporation Ao (1997), Marvin Lumber and Cedar Company v. Ppg Industries Inc Third Party (2000)
7 federal appellate · 9 district · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Indelicato v. United States · Wild v. Rarig · Barbee v. United States · Agristor Financial Corp. v. Van Sickle · Keystone Insurance v. Houghton
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Minnesota Supreme Court has construed this statute as imposing a standard of objective reasonableness upon a plaintiff to discover the facts constituting the fraud. Bustad v. Bustad, 263 Minn. 238 , 116 N.W.2d 552, 555 (1962). “[T]he facts constituting the fraud are deemed to have been discovered when, with reasonable diligence, they could and ought to have been discovered.” Blegen v. Monarch Life Ins. Co., 365 N.W.2d 356, 357 (Minn.App.1985) (quotations omitted). “A plaintiff must exercise reasonable diligence when he or she has notice of a possible cause of action for fraud.” Buller v. A.O. Smith Harvestore Prods., Inc., 518 N.W.2d 537, 542 (Minn.1994). A “ ‘party need not know the details of the evidence establishing a cause of action, only that the cause of action exists’ ” in order for the limitations period to commence. Id., quoting Hydra-Mac, Inc. v. Onan Corp., 450 N.W.2d 913, 919 (Minn.1990). A failure to actually discover the fraud will not toll the limitations period if such a failure is inconsistent with this reasonable diligence standard. Blegen, 365 N.W.2d at 357 .”
1 later decision quote this exact passage · from the majority“The oral and written representations [that Marvin relies] on to support [its] fraudulent concealment argument did not, and indeed could not, prevent [Marvin] from discovering that [PPG's] promises concerning the virtues of [PILT] did not come to pass.”
1 later decision quote this exact passage · from the majority“the very existence of the facts which establish the cause of action”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.