Cited by

Opinions in Minnesota that cite Rice v. Perl, 320 N.W.2d 407.

108 citing documents.

Joe Schafer, et al., as Parents and Natural Guardians of Minor W.S., Appellants, Minn. Ct. App. 2026
A25-0147 Minn. Ct. App. 2025
But district courts have “great discretion to determine the procedural calendar of a case.”
Landmark Community Bank, N.A., now doing business as Flagship Bank Minnesota, Respondent, Minn. Ct. App. 2022
The district court has wide discretion in granting or denying discovery requests, Rice v. Perl , (Mi nn.
Steven Lee Mittelstaedt, et al., Minn. 2022
The standard of conduct obligates the attorney to “represent the client with undivided loyalty, to preserve the client’s confidences, and to disclose any material matters bearing upon the representation of those matters.” (citation omitted).
Jay A. Soeffker, Appellant, Minn. Ct. App. 2021
An attorney owes a fiduciary duty “to represent the client with undivided loyalty, to preserve the client ’s confidences, and to disclose any material matters bearing upon the represen tation of these obligations.” d 407, 410 (Minn. 1982) (emphasis omitted) (q uotation omitted).
Calm Waters, LLC, a Limited Liability Company under the laws of Minnesota, Appellant, Minn. Ct. App. 2019
Shamrock Sod & Landscaping, Inc., et al., Appellants, Minn. Ct. App. 2019
In re the Marriage of: David Michael Kedrowski, petitioner, Appellant, Minn. Ct. App. 2019
Joel S. Rabbe, et al., Appellants, Minn. Ct. App. 2019
See Rice v. Perl , (plaintiff was diligent in seeking discovery when defendants moved for summary judgment roughly two weeks after filing of complaint, and it was therefore error for district court to deny plaintiff’s motion for continuance); Cargill, d at 231 (denying motion for continuance when Cargill
Mary A. Zirbes v. Meshbesher and Spence, Ltd. Minn. Ct. App. 2016
Mary A. Zirbes v. Meshbesher and Spence, Ltd. Minn. Ct. App. 2016
An attorney owes a fiduciary duty “to represent the client with undivided loyalty, to preserve the client’s confidences, and to disclose any material matters bearing upon the representation of these obligations.” (emphasis omitted) (quotation omitted).
Joel Wells v. Rick E. Mattox Minn. Ct. App. 2016
Joel Wells v. Rick E. Mattox Minn. Ct. App. 2016
An attorney owes a fiduciary duty “to represent the client with undivided loyalty, to preserve the client’s confidences, and to disclose any material matters bearing upon the representation of these obligations.” (alteration in original) (quotation omitted).
Newman-Lakka Cancer Foundation v. Christine E. Briggs Minn. Ct. App. 2016
Newman-Lakka Cancer Foundation v. Christine E. Briggs Minn. Ct. App. 2016
A motion for jurisdictional discovery must be supported by more than speculation that relevant information exists, and a party generally may not use discovery to conduct a “fishing expedition.”
Erik Finstad v. Ride Auto, LLC Minn. Ct. App. 2015
Erik Finstad v. Ride Auto, LLC Minn. Ct. App. 2015
9 party’s request pursuant to rule 56.06: (1) whether the requesting party was diligent in seeking discovery prior to consideration of the summary-judgment motion, and (2) whether the requesting party based his or her request for further discovery on a good- faith belief that material facts would be uncovered, or whether the exercise is merely a “fishing expedition.”
In re Petition for Distribution of Attorney's Fees between Stowman Law Firm, P.A., and Lori Peterson Law Firm, … 870 N.W.2d 755 Minn. 2015
In re Petition for Distribution of Attorney's Fees between Stowman Law Firm, P.A., and Lori Peterson Law Firm, … 870 N.W.2d 755 Minn. 2015
Jacob Brown, a minor, by his legal guardian Megan Brown v. Duluth Steam Cooperative Association Minn. Ct. App. 2015
Jacob Brown, a minor, by his legal guardian Megan Brown v. Duluth Steam Cooperative Association Minn. Ct. App. 2015
The Browns acknowledge that they did not request a continuance until midway through their closing argument but nevertheless argue that their request was “timely.”
In the Matter of the Petition of Federal Home Loan Mortgage Corporation for a New Certificate of Title … Minn. Ct. App. 2015
In the Matter of the Petition of Federal Home Loan Mortgage Corporation for a New Certificate of Title … Minn. Ct. App. 2015
Horodenski v. Lyndale Green Townhome Ass'n 804 N.W.2d 366 Minn. Ct. App. 2011
Horodenski v. Lyndale Green Townhome Ass'n 804 N.W.2d 366 Minn. Ct. App. 2011
On appeal, for granting a continuance of a summary-judgment motion in order to conduct discovery, applies to a motion to compel discovery made before a motion for summary judgment is considered.
City of Maple Grove v. Marketline Construction Capital, LLC 802 N.W.2d 809 Minn. Ct. App. 2011
City of Maple Grove v. Marketline Construction Capital, LLC 802 N.W.2d 809 Minn. Ct. App. 2011
Kidwell v. Sybaritic, Inc. 784 N.W.2d 220 Minn. 2010
Molde v. CitiMortgage, Inc. 781 N.W.2d 36 Minn. Ct. App. 2010
Molde v. CitiMortgage, Inc. 781 N.W.2d 36 Minn. Ct. App. 2010
QBE Insurance Corp. v. Twin Homes of French Ridge Homeowners Ass'n 778 N.W.2d 393 Minn. Ct. App. 2010
QBE Insurance Corp. v. Twin Homes of French Ridge Homeowners Ass'n 778 N.W.2d 393 Minn. Ct. App. 2010
(requiring party seeking continuance to show diligence in seeking discovery and good faith belief that material facts will be uncovered).
Thomas B. Olson & Associates, P.A. v. Leffert, Jay & Polglaze, P.A. 756 N.W.2d 907 Minn. Ct. App. 2008
Thomas B. Olson & Associates, P.A. v. Leffert, Jay & Polglaze, P.A. 756 N.W.2d 907 Minn. Ct. App. 2008
See In re Trusts A & B of Divine, -18 (Minn.App.2004) (trustees and beneficiaries); (attorneys and clients); Commercial Assocs., Inc. v. Work Connection, Inc., (general partners and limited partners); (directors or officers and corporations), review dismissed (Minn. Nov.
State v. Campbell 756 N.W.2d 263 Minn. Ct. App. 2008
State v. Campbell 756 N.W.2d 263 Minn. Ct. App. 2008
(fiduciary relationship existed when the person claiming a beneficial interest in a family trust had a familial relationship with two of the trustees and had given over complete control of her financial affairs to one of the trustees); (an attorney as fiduciary); cf. Carlson, d at 331 (holding that while an architect/client relationship is not a fiduciary relationship per se, the facts of a particular case might create such a relationship).
Liberty Mutual Insurance Co. v. Northeast Concrete Products, LLC 756 N.W.2d 93 Minn. Ct. App. 2008
Liberty Mutual Insurance Co. v. Northeast Concrete Products, LLC 756 N.W.2d 93 Minn. Ct. App. 2008
and (2) Is [appellant] seeking further discovery in the good faith belief that material facts will be uncovered, or is she merely engaging in a ‘fishing expedition?’ ”
Carlson v. Sala Architects, Inc. 732 N.W.2d 324 Minn. Ct. App. 2007
Carlson v. Sala Architects, Inc. 732 N.W.2d 324 Minn. Ct. App. 2007
provides authority that a remedy for the breach of a fiduciary relationship can be the return of fees paid by the client to the professional, the sine qua non of that remedy is the existence of a fiduciary relationship.
Cargill, Inc. v. Jorgenson Farms 719 N.W.2d 226 Minn. Ct. App. 2006
Cargill, Inc. v. Jorgenson Farms 719 N.W.2d 226 Minn. Ct. App. 2006
There is a “presumption in favor of granting continuances to allow sufficient time for discovery!?]”
Noske v. Friedberg 713 N.W.2d 866 Minn. Ct. App. 2006
Noske v. Friedberg 713 N.W.2d 866 Minn. Ct. App. 2006
3 See, e.g., Jerry’s Enters., d at 811 (breach of contract); (breach of fiduciary duty); (professional negligence), review denied (Minn. Oct.
Commercial Associates, Inc. v. Work Connection, Inc. 712 N.W.2d 772 Minn. Ct. App. 2006
Commercial Associates, Inc. v. Work Connection, Inc. 712 N.W.2d 772 Minn. Ct. App. 2006
Dunham v. Roer 708 N.W.2d 552 Minn. Ct. App. 2006
Dunham v. Roer 708 N.W.2d 552 Minn. Ct. App. 2006
There is a “presumption in favor of granting continuances to allow sufficient time for discovery.”
Thomas A. Foster & Associates, Ltd. v. Paulson 699 N.W.2d 1 Minn. Ct. App. 2005
Thomas A. Foster & Associates, Ltd. v. Paulson 699 N.W.2d 1 Minn. Ct. App. 2005
(“[A]n attorney at law who is unfaithful in the performance of his duties forfeits his right to compensation.”).