Cited by
Opinions in Minnesota that cite Northern States Power Co. v. Franklin, 122 N.W.2d 26.
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Marjorie Schroeder, Appellant,
Minn. Ct. App. 2026
a statement of facts sufficient to constitute a cause of action.”
- Doug Hoskin, Appellant, vs. Josh Krsnak, et al., Respondents Minn. 2025
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Doug Hoskin, Appellant, vs. Josh Krsnak, et al., Respondents
Minn. 2025
Unlike code pleading, notice pleading does not require a pleader “to allege facts and every element of a cause of action.”
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Robyn Johnson, Respondent,
Minn. Ct. App. 2025
a statement of facts sufficient to constitute a cause of action.” see also Minn. R. Civ.
- Nicholas W. Sterry v. Minnesota Department of Corrections (DOC), and Correctional Officer ... 8 N.W.3d 224 Minn. 2024
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Nicholas W. Sterry v. Minnesota Department of Corrections (DOC), and Correctional Officer ...
8 N.W.3d 224
Minn. 2024
Under that standard, a plaintiff may plead their case “by way of a broad general statement which may express conclusions rather than, as was required under code pleading, by a statement of facts sufficient to constitute a cause of action.”
- Stacy Demskie v. U.S. Bank National Association 7 N.W.3d 382 Minn. 2024
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Stacy Demskie v. U.S. Bank National Association
7 N.W.3d 382
Minn. 2024
We have long held that a pleader is not “required to allege facts and every element of a cause of action.” quoted in Halva v. Minn. State Colls.
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Section 21 Southeast, LLC, Appellant,
Minn. Ct. App. 2024
Therefore, “a pleading will be dismissed only if it appears to a certainty that no facts, which could be introduced consistent with the pleading, exist which would support granting the relief demanded.”
- Jon Huseth, et al., d/b/a Clay View Dairy, LLP, Appellants, Minn. Ct. App. 2024
- Fond du Lac Management, Inc. v. Lexington Insurance Company, Certain Underwriters at Lloyd's, ... Minn. Ct. App. 2023
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Fond du Lac Management, Inc. v. Lexington Insurance Company, Certain Underwriters at Lloyd's, ...
Minn. Ct. App. 2023
4 “A claim is sufficient against a motion to dismiss based on [r]ule 12.02[e] if it is possible on any evidence which might be produced, consistent with the pleader’s theory, to grant the relief demanded.”
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Edgard Mariano, Appellant,
Minn. Ct. App. 2023
Therefore, “[n]o longer is a pleader required to 6 allege facts and every element of a cause of action.”
- Dr. Eric Ringsred, Minn. 2023
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Minn. 2023
See Franklin, 2022 WL 1765955, at *2 ( (“The continuing violation doctrine is most commonly applied in [employment] discrimination cases involving wrongful acts that manifest over a period of time, rather than in a series of discrete acts.”), rev. denied (Minn. May 29, 2001) ; –31 (Minn. 1963) (applying a similar doctrine to an action for trespass)).
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Roger Dean Olson, Respondent,
Minn. Ct. App. 2023
& Univs., (quoting N. State s ).
- Dynamic Energy Solutions, LLC, Respondent, Minn. Ct. App. 2023
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Nancy Wambach, Appellant,
Minn. Ct. App. 2022
citing the disclosure statute expressly would have provided much clearer notice of her claim, a pleading need only “give fair notice to the adverse party of the incident giving rise to the suit with sufficient clarity to disclose the pleader’s theory upon which his claim for relief is based.” Walsh v. U.S. Bank, N.A., (); –50 (Minn. 1997) (“Although the [plaintiffs] did not specifically name their theory of liability .
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Bryan Leslie Franklin, Appellant,
Minn. Ct. App. 2022
It has also been applied to trespass, -31 (Minn. 1963), and required disclosures on political campaign signs.
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Carvin Buzzell, Jr.,
Minn. 2022
Further, “a pleading will be dismissed only if it appears to a certainty that no facts, which could be introduced consistent with the pleading, exist which would support granting the relief demanded .” N. States Power Co. v. Franklin , .
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William M. Ross, Appellant,
Minn. Ct. App. 2021
-31 (Minn. 1963) (trespass); State Dep’t of Labor & Indus.
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Kevin Makowski, et al., Appellants,
Minn. Ct. App. 2021
An order dismissing a complaint under rule 12.02 is reviewed de novo and will be upheld when it is not “possible on any evidence which might be produced, consistent with the pleader’s theory, to grant the relief demanded.”
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A19-1878
Minn. 2021
by a statement of facts sufficient to constitute a cause of action.’ ” Walsh, d at 602 ().
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State of Minnesota by Smart Growth Minneapolis, et al.,
Minn. 2021
“[A] pleading will be dismissed only if it appears to a certainty that no facts, which could be introduced consistent with the pleading, exist which would support granting the relief demanded.”
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A20-0958
Minn. Ct. App. 2021
t define the phrase “a matter that has no merit,” a district court cannot dismiss a civil petition without a hearing on the merits unless “it appears to a certainty that no facts, which could be introduced consistent with the pleading, exist which would support granting the relief demanded.” Walsh v. U.S. Bank, N.A., (quoting N. States Power Co. v. Franklin , ).
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Tyler Halva,
Minn. 2021
Plaintiffs may plead their case “by way of a broad general statement which may express conclusions rather than, as was required under code pleading, by a statement of facts sufficient to constitute a cause of action.” N. States Power Co. v. Franklin , see also Minn. R. Civ.
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Living Word Christian Church, Appellant,
Minn. Ct. App. 2020
The purpose of the complaint is to “‘give fair notice to the adverse party of the incident giving rise to the suit with sufficient clarity to disc lose the pleader’s theory upon which his claim for relief is based.’” Walsh v. U.S. Bank, N.A., ( (emphasis added in Walsh)).
- Meagan Abel, Minn. 2020
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William DeRosa,
Minn. 2019
“[A] pleading will be dismissed only if it appears to a certainty that no facts, which could be introduced consistent with the pleading, exist which would support granting the relief demanded.”
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Minn. 2019
(quoting N. States Power Co. v. Franklin , (noting that because t he only factual information on a motion to dismiss is that which is disclosed by the pleadings as a whole, the dismissal function is “extremely limited”))
- Lewison v. Hutchinson 929 N.W.2d 444 Minn. Ct. App. 2019
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Lewison v. Hutchinson
929 N.W.2d 444
Minn. Ct. App. 2019
N. States Power Co. v. Franklin , 265 Minn. 391 , , 30-31 (1963) (addressing ongoing trespass).
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Julie Tossey, Respondent,
Minn. Ct. App. 2019
N. States Power Co. v. Franklin , -31 (Minn. 1963) (trespass); Minn. Dep’t of Labor & Indus.
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Crow Wing Cooperative Power and Light Company, Appellant,
Minn. Ct. App. 2019
Crow Wing’s breach-of-contract claim regarding the Stanton facility can only be dismissed “if it appears to a certainty that no facts, which could be introduced consistent with the pleading, exist which would support granting the relief demanded.”
- James Aeshliman, et al., Appellants, Minn. Ct. App. 2018
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East View Information Services, Inc., Appellant,
Minn. Ct. App. 2018
N. States Power Co. v. Franklin, 265 Minn. 391, 396
- State v. Chute 908 N.W.2d 578 Minn. 2018
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State v. Chute
908 N.W.2d 578
Minn. 2018
Cf. N. States Power Co. v. Franklin , 265 Minn. 391 , , 30 (1963) (stating that whether a landowner impliedly consented to allow another to enter his or her land is a question of fact).
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Honorable Galen J. Vaa, Appellant,
Minn. Ct. App. 2017
This court will not u phold a dismissal under rule 12.02(e) “if it is possible on any evidence which might be produced, consistent with [appellant’s] theory, to grant the relief demanded.” N. States Power Co. v. Franklin, 265 Minn. 391, 395
- Greenpond South, LLC v. General Electric Capital Corp. 886 N.W.2d 649 Minn. Ct. App. 2016
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Greenpond South, LLC v. General Electric Capital Corp.
886 N.W.2d 649
Minn. Ct. App. 2016
We will not uphold a district court’s dismissal under rule 12.02(e) “if it is possible on any evidence which might be produced, consistent with the pleader’s theory, to grant the relief demanded.” N. States Power Co. v. Franklin, 265 Minn. 391, 395
- Marisa Hunt v. State of Minnesota, American Federation of State, County, and Municipal Employees - Minnesota Council 5 Minn. Ct. App. 2016
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Marisa Hunt v. State of Minnesota, American Federation of State, County, and Municipal Employees - Minnesota Council 5
Minn. Ct. App. 2016
4 relief demanded.” N. States Power Co. v. Franklin, 265 Minn. 391, 395
- Kenneth S. Benigni v. St. Louis County, State of Minnesota, by Department of Human Services, Lake Superior Community … Minn. Ct. App. 2016
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Kenneth S. Benigni v. St. Louis County, State of Minnesota, by Department of Human Services, Lake Superior Community …
Minn. Ct. App. 2016
P. 12.02(e) allows a defendant to move to dismiss for “failure to state a claim upon which relief can be granted.” Under this rule, “a pleading will be dismissed only if it appears to a certainty that no facts, which could be introduced consistent with the pleading, exist which would support granting the relief demanded.” N. States Power Co. v. Franklin, 265 Minn. 391, 395
- Jay Thomas Nygard, (A15-1276), Kendall Mae Nygard, (A15-1277) v. Dennis S. Walsh Minn. Ct. App. 2016
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Jay Thomas Nygard, (A15-1276), Kendall Mae Nygard, (A15-1277) v. Dennis S. Walsh
Minn. Ct. App. 2016
exist which would support granting the relief demanded.” Northern States Power Co. v. Franklin, 265 Minn. 391, 395, cf. Minn. R. Civ.
- Kristina Jean Powers v. Superintendent James Freihammer, in his official capacity Minn. Ct. App. 2016
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Kristina Jean Powers v. Superintendent James Freihammer, in his official capacity
Minn. Ct. App. 2016
A claim is sufficient to survive a motion to dismiss “if it is possible on any evidence which might be produced, consistent with the pleader’s theory, to grant the relief demanded.” N. States Power Co. v. Franklin, 265 Minn. 391, 395
- In re Medtronic, Inc. Shareholder Litigation. Minn. Ct. App. 2016