Cited by
Opinions in Minnesota that cite Klein v. First Edina National Bank, 196 N.W.2d 619.
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Shamrock Sod & Landscaping, Inc., et al., Appellants,
Minn. Ct. App. 2019
Fiduciary relationships do not t ypically exist in a banking relationship unless the bank “knows or has reason to know that the customer is placing his trust and confidence in the bank and is relying on the bank so to counsel and 12 inform him.” Klein v. First Edina Nat’l Bank
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Gary White, Plaintiff,
Minn. Ct. App. 2019
The Minnesota Supreme Court has held that “[a]s a general rule, one party to a transaction has no duty to disclose material facts to the other.” Klein v. First Edina Nat’l. Bank, 2 (Minn. 1972).
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Andrew Carufel, et al., Appellants,
Minn. Ct. App. 2018
Klein v. First Edina Nat’l Bank, (citations omitted).
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Regents of the University of Minnesota, Appellant,
Minn. Ct. App. 2017
See, e.g., L & H Airco, (citing the exception but rejecting it in favor of consideration of a lawyer’s ethical duty); Klein v. First Edina Nat’l Bank, 293 Minn. 418, 422, (citing the exception but rejecting it and considering a duty based on the confidential and fiduciary relationship between parties).
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Walhof & Co., Mergers and Acquisitions, LLC, et al., Appellants,
Minn. Ct. App. 2017
See Klein v. First Edina Nat’l Bank , 293 Minn. 418, 421, , 622 (1972).
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BPG Grand Oak Building Retail Investors, LLC, Respondent,
Minn. Ct. App. 2017
Graphic Commc’ns Local 1B Health & Welfare Fund “A” v. CVS Caremark Corp., Klein v. First Edina Nat’l Bank, 293 Minn. 418, 421
- Sorchaga v. Ride Auto, LLC 893 N.W.2d 360 Minn. Ct. App. 2017
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Sorchaga v. Ride Auto, LLC
893 N.W.2d 360
Minn. Ct. App. 2017
While a party to a transaction generally has no duty to disclose material facts to the other, “[o]ne who speaks must say enough to prevent his words from misleading the other party.” Klein v. First Edina Nat’l Bank, 293 Minn. 418, 421
- Highland Bank v. Mary L. Wyatt Minn. Ct. App. 2015
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Highland Bank v. Mary L. Wyatt
Minn. Ct. App. 2015
However, a party “who speaks must say enough to prevent his words from misleading the other party.” Klein v. First Edina Nat’l Bank, 293 Minn. 418, 421
- Graphic Communications Local 1B Health & Welfare Fund "A", Respondents/Cross-Appellants v. CVS Caremark Corporation, Appellants/Cross-Respondents, Coborn's Incorporated, Appellant/Cross-Respondent, … 850 N.W.2d 682 Minn. 2014
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Graphic Communications Local 1B Health & Welfare Fund "A", Respondents/Cross-Appellants v. CVS Caremark Corporation, Appellants/Cross-Respondents, Coborn's Incorporated, Appellant/Cross-Respondent, …
850 N.W.2d 682
Minn. 2014
Klein v. First Edina Nat’l Bank, 293 Minn. 418, 421
- U.S. Bank N. A. v. Cold Spring Granite Co. 802 N.W.2d 363 Minn. 2011
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U.S. Bank N. A. v. Cold Spring Granite Co.
802 N.W.2d 363
Minn. 2011
(citing Klein v. First Edina Nat’l Bank, 293 Minn. 418, 421 , ).
- Driscoll v. STANDARD HARDWARE, INC. 785 N.W.2d 805 Minn. Ct. App. 2010
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Driscoll v. STANDARD HARDWARE, INC.
785 N.W.2d 805
Minn. Ct. App. 2010
mp; Trust Co., 309 Minn, at 369, d at 652 (quotation marks omitted); see also Peterson v. Arellono, 289 Minn. 541, 542 , (sustaining finding that plaintiff was induced to purchase food-processing business by concealment of material fact that business was subject to health-department warning that food license could not be renewed); cf. Klein v. First Edina Bank, 293 Minn. 418, 422 , (concluding that absent information that bank customer was imposing trust and confidence in bank, customer failed t
- St. Paul Fire & Marine Insurance Co. v. A.P.I., Inc. 738 N.W.2d 401 Minn. Ct. App. 2007
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St. Paul Fire & Marine Insurance Co. v. A.P.I., Inc.
738 N.W.2d 401
Minn. Ct. App. 2007
Bank, 293 Minn. 418, 421-22 , -23 (1972) (determining that evidence did not show confidential relationship between bank and its customer).
- Hoyt Properties, Inc. v. Production Resource Group, L.L.C. 716 N.W.2d 366 Minn. Ct. App. 2006
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Hoyt Properties, Inc. v. Production Resource Group, L.L.C.
716 N.W.2d 366
Minn. Ct. App. 2006
v. Dain Bosworth, Inc., (stating that party who chooses to speak must speak truthfully, even in absence of duty to speak); see also Klein v. First Edina Nat’l Bank, 293 Minn. 418, 421 , (stating that, when party speaks, party must disclose sufficient information to avoid misleading another).
- Berreman v. West Publishing Co. 615 N.W.2d 362 Minn. Ct. App. 2000
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Berreman v. West Publishing Co.
615 N.W.2d 362
Minn. Ct. App. 2000
The supreme court has, however, ruled that “[o]ne who stands in a confidential or fiduciary relation to the other party to a ■ transaction must disclose material facts.” Klein v. First Edina Nat’l Bank, 293 Minn. 418, 420
- Cherne Contracting Corp. v. Wausau Insurance Companies 572 N.W.2d 339 Minn. Ct. App. 1997
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Cherne Contracting Corp. v. Wausau Insurance Companies
572 N.W.2d 339
Minn. Ct. App. 1997
See Klein v. First Edina Nat’l Bank, 293 Minn. 418, 422 , (concluding that to establish prima facie case of fiduciary relationship, plaintiff should produce evidence that defendant should have known plaintiff was placing trust and confidence in defendant; 20 year business relationship insufficient as proof of confidential relationship).
- Boubelik v. Liberty State Bank 553 N.W.2d 393 Minn. 1996
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Boubelik v. Liberty State Bank
553 N.W.2d 393
Minn. 1996
Klein v. First Edina National Bank, 293 Minn. 418, 421
- Safeco Insurance Co. of America v. Dain Bosworth Inc. 531 N.W.2d 867 Minn. Ct. App. 1995
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Safeco Insurance Co. of America v. Dain Bosworth Inc.
531 N.W.2d 867
Minn. Ct. App. 1995
Safeco cites Klein v. First Edina Nat’l Bank, 293 Minn. 418 , and Newell v. Randall, 32 Minn. 171 , 19 N.W.
- Burgmeier v. Farm Credit Bank of St. Paul 499 N.W.2d 43 Minn. Ct. App. 1993
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Burgmeier v. Farm Credit Bank of St. Paul
499 N.W.2d 43
Minn. Ct. App. 1993
Klein v. First Edina Nat’l Bank, 293 Minn. 418, 422
- Appletree Square I Ltd. Partnership v. Investmark, Inc. 494 N.W.2d 889 Minn. Ct. App. 1993
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Appletree Square I Ltd. Partnership v. Investmark, Inc.
494 N.W.2d 889
Minn. Ct. App. 1993
Klein v. First Edina Nat’l Bank, 293 Minn. 418, 421
- M.H. v. Caritas Family Services 488 N.W.2d 282 Minn. 1992
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M.H. v. Caritas Family Services
488 N.W.2d 282
Minn. 1992
See also Klein v. First Edina Nat’l Bank, 293 Minn. 418, 421
- Matter of Boss 487 N.W.2d 256 Minn. Ct. App. 1992
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Matter of Boss
487 N.W.2d 256
Minn. Ct. App. 1992
In Klein v. First Edina Nat'l Bank, 293 Minn. 418 , the court summarized circumstances where the duty to disclose material facts to another may arise; one is relevant to this case: (c) One who stands in a confidential or fiduciary relation to the other party to a transaction must disclose material facts.
- Corazalla v. Quie 473 N.W.2d 347 Minn. Ct. App. 1991
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Corazalla v. Quie
473 N.W.2d 347
Minn. Ct. App. 1991
Klein v. First Edina Nat’l Bank, 293 Minn. 418, 421
- 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
The general rule is that “one party to a transaction has no duty to disclose material facts to the other.” Klein v. First Edina Nat’l Bank, 293 Minn. 418, 421
- May v. First National Bank of Grand Forks 427 N.W.2d 285 Minn. Ct. App. 1988
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May v. First National Bank of Grand Forks
427 N.W.2d 285
Minn. Ct. App. 1988
Minnesota Timber Producers v. American Mutual Insurance, 766 F.2d 1261 , 1268 (8th Cir. 1985); see Klein v. First Edina National Bank, 293 Minn. 418, 422 , (to make a prima facie showing of a fiduciary relationship, evidence must indicate defendant knew or ought to have known plaintiff was placing her trust and confidence in defendant and depended on defendant to look out for her interests).
- State Bank of Hamburg v. Stoeckmann 417 N.W.2d 113 Minn. Ct. App. 1987
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State Bank of Hamburg v. Stoeckmann
417 N.W.2d 113
Minn. Ct. App. 1987
The court next instructed the jury pursuant to Klein v. First Edina National Bank, 293 Minn. 418 , : When a bank transacts business with a depositor, or other customer, it has no special duty to counsel the customer and inform him or her of every material fact relating to the transaction, including the bank's motive, if material, for participating in the transaction, unless special circumstan
- Vacinek v. First National Bank of Pine City 416 N.W.2d 795 Minn. Ct. App. 1987
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Vacinek v. First National Bank of Pine City
416 N.W.2d 795
Minn. Ct. App. 1987
Klein v. First Edina National Bank, 293 Minn. 418, 421
- Hurley v. TCF Banking & Savings, F.A. 414 N.W.2d 584 Minn. Ct. App. 1987
- Williams v. Dow Chemical Co. 415 N.W.2d 20 Minn. Ct. App. 1987
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Hurley v. TCF Banking & Savings, F.A.
414 N.W.2d 584
Minn. Ct. App. 1987
Klein v. First Edina National Bank, 293 Minn. 418, 422
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Williams v. Dow Chemical Co.
415 N.W.2d 20
Minn. Ct. App. 1987
Klein v. First Edina National Bank, 293 *28 Minn. 418, 421