Cited by
Opinions in Minnesota that cite Hoppe v. Klapperich, 28 N.W.2d 780.
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Terance Simmons, Appellant,
Minn. Ct. App. 2022
The only time judicial immunity is not applicable is when the judge acts “wholly” outside their jurisdiction and “in a nonjudicial capacity.”
- Waymouth Farms, Inc., Appellant, Minn. Ct. App. 2019
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Adherent Laboratories, Inc., Respondent,
Minn. Ct. App. 2018
Conduct 1.2(a); Rucker, d at 120 (stating that an agent’s duty in a principal- agent relationship is to act on behalf of the principal, an attorney’s duty in an attorney - client relationship is to act on behalf of the client and on behalf of “the public as an officer of the court in the administration of justice”); Hoppe v. Klapperich, 224 Minn. 224, 240 - 41, (stating that when an attorney’s duties owed to his client conflict with those owed “to the public as an officer of the court in the adm
- Elfi E. Janssen v. Lommen, Abdo, Cole, King & Stageberg, P. A., Sibley Holdings, LLC Minn. Ct. App. 2014
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Elfi E. Janssen v. Lommen, Abdo, Cole, King & Stageberg, P. A., Sibley Holdings, LLC
Minn. Ct. App. 2014
knowingly participates with his client in the perpetuation of a fraudulent or unlawful act”); Hoppe v. Klapperich, 224 Minn. 224, 241, (“In the performance of his duties to his client, an 10 attorney enjoys immunity from liability to a third person insofar as he does not materially depart from his character as a quasi-judicial officer charged with responsibility for the
- Rucker v. Schmidt 794 N.W.2d 114 Minn. 2011
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Rucker v. Schmidt
794 N.W.2d 114
Minn. 2011
Hoppe v. Klapperich, 224 Minn. 224, 240
- Rucker v. Schmidt 768 N.W.2d 408 Minn. Ct. App. 2009
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Rucker v. Schmidt
768 N.W.2d 408
Minn. Ct. App. 2009
See Hoppe v. Klapperich, 224 Minn. 224, 241 , (stating that an attorney is liable to a third party for knowingly becoming an “instrumentality for the perpetration of fraud”).
- Peterka v. Dennis 764 N.W.2d 829 Minn. 2009
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Peterka v. Dennis
764 N.W.2d 829
Minn. 2009
See, (prosecutors referred to as “ ‘quasi-judicial’ officials” because they “exercise a discretionary judgment”); Hoppe v. Klapperich, 224 Minn. 224, 240-41 , (in performing duties to a client, attorney is immune from suits by third parties so long as he acts as a quasi-judicial officer, determining his obligations to the public and to his client); Robinette v. Price, 214 Minn. 521, 533 , (duties of county welfare
- Pahnke v. Anderson Moving and Storage 720 N.W.2d 875 Minn. Ct. App. 2006
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Pahnke v. Anderson Moving and Storage
720 N.W.2d 875
Minn. Ct. App. 2006
The court later explained further that “[a] sheriff is protected from liability for acts done in executing the process and orders of a court having jurisdiction of the subject matter when the process is fair on its face.” Hoppe v. Klapperich, 224 Minn. 224, 238
- Mahoney & Hagberg v. Newgard 712 N.W.2d 215 Minn. Ct. App. 2006
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Mahoney & Hagberg v. Newgard
712 N.W.2d 215
Minn. Ct. App. 2006
Hoppe v. Klapperich, 224 Minn. 224, 233-34
- Dunham v. Roer 708 N.W.2d 552 Minn. Ct. App. 2006
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Dunham v. Roer
708 N.W.2d 552
Minn. Ct. App. 2006
Hoppe v. Klapperich, 224 Minn. 224, 232 , (quotation omitted).
- In Re Disciplinary Action Against Fuller 621 N.W.2d 460 Minn. 2001
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In Re Disciplinary Action Against Fuller
621 N.W.2d 460
Minn. 2001
See, e.g., Hoppe v. Klapperich, 224 Minn. 224, 240-241 , In re Rivers, 167 B.R.
- Kellar v. VonHoltum 568 N.W.2d 186 Minn. Ct. App. 1997
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Kellar v. VonHoltum
568 N.W.2d 186
Minn. Ct. App. 1997
Hoppe v. Klapperich, 224 Minn. 224, 231
- Villarreal v. Independent School District 659 505 N.W.2d 72 Minn. Ct. App. 1993
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Villarreal v. Independent School District 659
505 N.W.2d 72
Minn. Ct. App. 1993
1213, 1218 , 18 L.Ed.2d 288 (1967) (judicial immuni *75 ty is so well-established 'that the Legislature must specifically abolish the doctrine before judges will face liability under civil rights statute for them judicial acts); Hoppe v. Klapperich, 224 Minn. 224, 233-34 , (judicial immunity is a fundamental principle of English and American jurisprudence).
- Myers Through Myers v. Price 463 N.W.2d 773 Minn. Ct. App. 1990
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Myers Through Myers v. Price
463 N.W.2d 773
Minn. Ct. App. 1990
It extends to all classes of courts, from the highest judge of the nation to “the lowest officer who sits as a court and tries petty cases.” Hoppe v. Klapperich, 224 Minn. 224, 234
- L & H AIRCO, INC. v. Rapistan Corp. 446 N.W.2d 372 Minn. 1989
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L & H AIRCO, INC. v. Rapistan Corp.
446 N.W.2d 372
Minn. 1989
See Hoppe v. Klapperich, 224 Minn. 224, 240-41
- Melrose Floor Co., Inc. v. Lechner 435 N.W.2d 90 Minn. Ct. App. 1989
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Melrose Floor Co., Inc. v. Lechner
435 N.W.2d 90
Minn. Ct. App. 1989
866 (1890); Hoppe v. Kapperich, 224 Minn. 224, 241 , -92 (1947).
- Eustis v. David Agency, Inc. 417 N.W.2d 295 Minn. Ct. App. 1987
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Eustis v. David Agency, Inc.
417 N.W.2d 295
Minn. Ct. App. 1987
See Hoppe v. Klapperich, 224 Minn. 224, 241 , -92 (1947) (zealous advocate must not be deprived of independence in fearlessly presenting a debatable legal cause).
- In Re Petition Regarding Assignment of Judges in the Ninth Judicial District 416 N.W.2d 450 Minn. 1987
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In Re Petition Regarding Assignment of Judges in the Ninth Judicial District
416 N.W.2d 450
Minn. 1987
1099 , 55 L.Ed.2d 331 (1978); Hoppe v. Klapperich, 224 Minn. 224 , ) and is an invitation to costly litigation.
- Zimmerman v. Lasky 374 N.W.2d 212 Minn. Ct. App. 1985
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Zimmerman v. Lasky
374 N.W.2d 212
Minn. Ct. App. 1985
Hoppe v. Klapperich, 224 Minn. 224, 235
- Brown v. Dayton Hudson Corp. 314 N.W.2d 210 Minn. 1981
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Brown v. Dayton Hudson Corp.
314 N.W.2d 210
Minn. 1981
In Hoppe v. Kiapperich, 224 Minn. 224 , the court held that an attorney, as an officer of the court, “enjoys immunity from liability to a third person insofar as he does not materially depart from his character as a quasi-judicial officer charged with responsibility for the administration of justice.” Id.
- Sonsteby v. Hagen 289 N.W.2d 171 Minn. 1980
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Sonsteby v. Hagen
289 N.W.2d 171
Minn. 1980
Hoppe v. Klapperich, 224 Minn. 224 , and Pow-Bel Const. Corp. v. Gondek, 291 Minn. 386
- Bigelow v. Galway 281 N.W.2d 835 Minn. 1979
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Bigelow v. Galway
281 N.W.2d 835
Minn. 1979
Pow-Bel Construction Corp. v. Gondek, 291 Minn. 386, 389 , Hoppe v. Klapperich, 224 Minn. 224, 231
- Kronzer v. First Nat. Bank of Minneapolis 235 N.W.2d 187 Minn. 1975
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Kronzer v. First Nat. Bank of Minneapolis
235 N.W.2d 187
Minn. 1975
See, McDonald v. Stewart, 289 Minn. 35 , Hoppe v. Klapperich, 224 Minn. 224 , Farmer v. Crosby, 43 Minn. 459
- Peterson v. Knutson 233 N.W.2d 716 Minn. 1975
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Peterson v. Knutson
233 N.W.2d 716
Minn. 1975
720 (S.D.Ala.1965); Hoppe v. Klapperich, 224 Minn. 224 , Payne v. Lee, supra ; Linder v. Foster, 209 Minn. 43 , 295 N.W.
- Kittler & Hedelson v. Sheehan Properties, Inc. 203 N.W.2d 835 Minn. 1973
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Kittler & Hedelson v. Sheehan Properties, Inc.
203 N.W.2d 835
Minn. 1973
In Hoppe v. Klapperich, 224 Minn. 224, 231 , we stated: “* * * The essential elements of an action for abuse of process are only two, namely, (a) the existence of an ulterior *239 purpose, and (b) the act of using the process to accomplish a result not within the scope of the proceeding in which it was issued, whether such res
- Pow-Bel Construction Corporation v. Gondek 192 N.W.2d 812 Minn. 1971
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Pow-Bel Construction Corporation v. Gondek
192 N.W.2d 812
Minn. 1971
“* * * The essential elements of an action for abuse of process are only two, namely, (a) the existence of an ulterior purpose, and (b) the act of using the process to accomplish a result not within the scope of the proceeding in which it was issued, whether such result might otherwise be lawfully obtained or not.” Hoppe v. Klapperich, 224 Minn. 224, 231
- Morgan v. McLaughlin 188 N.W.2d 829 Minn. 1971