Serene E. Warren, as beneficiary of the 2011 Arizona NG Trust 102, 2008 Meadow Trust 102, 2011 Lafayette Trust 102, ...

Summary

The Minnesota Supreme Court held that a litigant with injury-in-fact standing does not present a standing or jurisdictional question when the opposing party challenges whether she is a 'shareholder' entitled to sue under Minn. Stat. § 302A.751; the challenge goes to the legal sufficiency of her claims and is subject to waiver or forfeiture. Because the respondents raised their 'not a shareholder' argument only after a 16-day bench trial, six months after closing arguments, and while the district court's decision was under advisement — and their litigation conduct was inconsistent with the argument — the challenge was forfeited, and the court did not reach whether a beneficial owner of shares can bring a section 302A.751 action. The court reversed the court of appeals, which had held that Warren lacked non-waivable standing, and remanded to that court for the remaining issues.