Cited by
Opinions in Minnesota that cite Jerry's Enterprises, Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd., 711 N.W.2d 811.
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Margaret Zabel, et al v. Michael Gartner, et al
Minn. Ct. App. 2026
In doing so, we view the evidence in the light most favorable to the nonmoving party, making an “independent determination of whether there is sufficient 6 evidence to present an issue of fact for the jury.” Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd.
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Ken Bellicot, as Trustee for the next of kin of Sallie Bellicot, deceased v. Bonnie P. Fines, MD, …
Minn. Ct. App. 2025
We must view the evidence in a light most favorable to the nonmoving party and make “an independent determination of whether there is sufficient evidence to present an issue of fact for the jury.” Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd.
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Doris Evanson, et al v. Heidi Bealka, et al., Donald Evanson, and Doris Evanson, et al., vs. Donald …
Minn. Ct. App. 2025
Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd.
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Larry Walters, et al v. Kyle Stromstad, et al
Minn. Ct. App. 2025
Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd.
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The CastleRock Group, LLC, et al v. Ryan Litfin, et al
Minn. Ct. App. 2025
See Vermillion State Bank v. Tennis Sanitation, LLC, Jerry ’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd.
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Scott A Pineur v. Travis J Semmann, et al
Minn. Ct. App. 2025
n.5 (Minn. 2018); Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd., 1 We conclude under this standard that the district court did not err by denying Pineur’s JMOL motion.
- Craig A. Reichel v. Wendland Utz, LTD Minn. 2024
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Craig A. Reichel v. Wendland Utz, LTD
Minn. 2024
See Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd.
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Craig A Reichel, et al v. Wendland Utz, LTD, et al
Minn. Ct. App. 2023
e: “(1) the 8 existence of an attorney -client relationship; (2) acts constituting negligence or breach of contract; (3) that such acts were the proximate cause of the plaintiff’s damages; [and] (4) that but for defendant’s conduct, the plaintiff would have been successful in t he prosecution or defense of the action.” Jerry’s Enterprises, Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd., (quotation omitted).
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All-American Ice L.L.C., d/b/a All-American Arena Products v. American Arena, L.L.C.
Minn. Ct. App. 2023
Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd.
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Karen K. Osowski v. Edie Harer
Minn. Ct. App. 2023
Reviewing courts make “an independent 6 determination of whether there [was] sufficient evidence to present an issue of fact for the jury.” Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd.
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Jonathan G. Foss v. Mark Scott Savage, Susan Foss, et al., Third Party Defendants
Minn. Ct. App. 2023
In doing so, we view the evidence in the light most favorable to the nonmoving party and independently determine “whether there is sufficient evidence to present an issue of fact for the jury.” Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd.
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Brandow Properties, LLC v. Katherine M. Melander, et al
Minn. Ct. App. 2022
When a case —like this one —involves a transactional matter, the fourth element is “modified to require a plaintiff to sho w that, but for defendant’s conduct, the plaintiff would have obtained a more favorable result in the underlying transaction than the result obtained.” Jerry’s Enter s., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd.
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Steven Lee Mittelstaedt, et al.,
Minn. 2022
In contrast, “reasonableness” is the touchstone for the standard of care, under which “[a]ttorneys have a duty ‘to exercise that degree of care and skill that is reasonable under the circumstances, considering the nature of the undertaking.’ ” Jerry’s Enterprises, Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd., (quoting Prawer .v Essling, ).
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Everest Stables, Inc. v. Foley & Mansfield, LLP, et al
Minn. Ct. App. 2021
our elements: “(1) the existence of an attorney-client rela tionship; (2) acts cons tituting negligence or breach of contract; (3) that such acts were the proximate cause of the plaintiff’s damages; and (4) that but for defendant’s conduct, the plaintiff would have been successful in the prosecution or defense of the action.” Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd. , (quotation omitted).
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Capacity Wireless, LLC v. Board of Regents of the University of Minnesota
Minn. Ct. App. 2021
P. 61 (providing that harmless error in the admission or exclusion of evidence is not a basis for granting a new trial); see also Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd., (stating that appellant must demonstrate prejudice resulting from district court’s evidentiary ruling to obtain relief), aff’d as modified
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King’s Cove Marina, LLC,
Minn. 2021
v. Larkin, Hoffman, Daly & Lindgren, Ltd.
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Community Housing Services - Park Towers, Inc. v. Julie Gay
Minn. Ct. App. 2020
v. Larkin, Hoffman, Daly & Lindgren, Ltd.
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Gerald L. Trooien v. Talon OP, L.P., et al
Minn. Ct. App. 2020
quotation omitted); see also , Bahr v. Boise Cascade Corp. , (noting that when reviewing decisions to grant or deny motions for judgment as a matter of law, appellate courts apply the same standard as the district court, viewing the evidence in the light most favorable to the prevailing party); Jerry’s Enters, Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd. , (holding that j udgment as a matter of law should only be granted in those cases when the jury’s verdict is manifestly against the evidence
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James A. Compart, et al v. Michael K. Riley, Sr., et al
Minn. Ct. App. 2020
Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd.
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Timothy Wodarck v. Lakota Inc.
Minn. Ct. App. 2019
Appellate courts view “the evidence in a light most favorable to the nonmoving party” and make “an independent determination of whether there is sufficient evidence to present an issue of fact for the jury.” See Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd.
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Minn. 2019
In the context of legal malpractice cases, we have held that a client may maintain a malpractice action against an attorney for transactional work if the client can show that “but for [attorney]’s conduc t, the [client] would have obtained a more favorable result in the underlying transaction than the result obtained.” Jerry’s Enters., Inc. v. Larkin, D-4 Hoffman, Daly & Lindgren, Ltd.
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AllenMax Construction, LLC, et al v. The Wright Group, LLC, a Colorado limited liability company, et al
Minn. Ct. App. 2019
“Viewing the evidence in a light most favorable to the nonmoving party, this court makes an independent determination of whether there is sufficient evidence to presen t an issue of fact for the jury.” Jerry’s Enters., Inc. v. Larkin , Hoffman, Daly & Lindgren, Ltd.
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Cory L. Hendricksen, as Trustee for the Heirs and Next of Kin of Ashton Hendricksen, decedent v. Tristan …
Minn. Ct. App. 2019
Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd., (quotation omitted).
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Mark Kedrowski,
Minn. 2019
Jerry’s Enters., Inc. v. 13 Larkin, Hoffman, Daly & Lindgren, Ltd.
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Fr. William Graham v. Terrance Jerome Davis, Jr.
Minn. Ct. App. 2019
A district court should grant JMOL only in “unequivocal cases” where the verdict is “manifestly against the entire evidence” or is “contrary to the law applicable to the case.” Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd ., 2 We also decline to consider any citations in Davis’s post -oral argument submissions to documents not admitted into evidence at trial.
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Jeremy J. Cobb v. Dwight J. Schultz, et al
Minn. Ct. App. 2019
See Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lind gren, Ltd., (“Attorneys have a duty to exercise that degree of care and skill that is reasonable under the circumstances, considering the nature of the undertaking.” (quotation omitted)).
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Jeanne Shellum, et al v. Fairview Health Services d/b/a Fairview Southdale Hospital, Edina Retina Consultants PA, et al
Minn. Ct. App. 2019
Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd.
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Jason Carlson v. BNSF Railway Company
Minn. Ct. App. 2019
A district court should only grant JMOL in “unequivocal cases” where the verdict is “manifestly against the entire evidence” or is “contrary to the law applicable to the case.” Jerry’s Enter s., Inc. v. Larkin, Hoffman, Daly & Lindgren , Ltd., (quotation omitted); see also Moorhead Econ.
- Alby v. BNSF Ry. Co. 918 N.W.2d 562 Minn. Ct. App. 2018
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Alby v. BNSF Ry. Co.
918 N.W.2d 562
Minn. Ct. App. 2018
*566 Jerry's Enters., Inc., v. Larkin, Hoffman, Daly & Lindgren, Ltd. , , 816 (Minn. 2006) (quotation omitted); Diesen v. Hessburg , , 452 (Minn. 1990) (stating that district court should not grant JMOL unless the evidence is practically conclusive against the verdict and reasonable minds can reach only one conclusion or when the jury's findings are contrary to the law appl
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Maria Olson, et al v. Christenson Law Office, PLLC, et al
Minn. Ct. App. 2018
Jerry’s Enterprises, Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd.
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Mark Kedrowski v. Lycoming Engines, a division of AVCO Corporation
Minn. Ct. App. 2018
Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd. , (quotation omitted); d 17 541, 549 (Minn. App. 2011), aff’d
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Herbert B. Fick v. Eric J. Edwardson, et al
Minn. Ct. App. 2018
6 Jerry’s Enters., Inc., v. Larkin, Hoffman, Daly & Lindgren, Ltd. , (quotation omitted).
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Minn. 2018
Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd.
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John Kalenberg, et al v. Steingart, McGrath & Moore, P.A., Terrance W. Moore, et al
Minn. Ct. App. 2018
“Expert testimony is generally required to establish the standard of care applicable to an attorney whose conduct is alleged to have been negligent, and further to establish whether the conduct deviated from that standard.” Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd., (quotation omitted).
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Scott J. Zimmer, et al v. Brett M. Larson, et al
Minn. Ct. App. 2018
See Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd.
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Galyna Anderson v. Melissa Houghtaling, et al
Minn. Ct. App. 2017
The alleged injury must be “damage to or loss of a cause of action belonging to the plaintiff.” Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd.
- Suncom, LLC v. Robert Feuling d/b/a West Side Liquors of Sartell, LLC, and West Side Liquors of Sartell, … Minn. Ct. App. 2017
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Suncom, LLC v. Robert Feuling d/b/a West Side Liquors of Sartell, LLC, and West Side Liquors of Sartell, …
Minn. Ct. App. 2017
Judgment as a matter of law should be granted only in “unequivocal cases where (1) in the light of the evidence as a whole, it would clearly be the duty of the [district] court to set aside a contrary verdict as being manifestly against the entire evidence, or where (2) it would be contrary to the law applicable to the case.” Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd., (quotation omitted).
- Mary A. Zirbes v. Meshbesher and Spence, Ltd., et al Minn. Ct. App. 2016
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Mary A. Zirbes v. Meshbesher and Spence, Ltd., et al
Minn. Ct. App. 2016
“Expert testimony is generally required to establish the standard of care applicable to an attorney whose conduct is alleged to have been negligent, and further to establish whether the conduct deviated from that standard.” Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd., (quotation omitted).
- David B. Markle, et al v. Metro Metals Corporation Minn. Ct. App. 2016
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David B. Markle, et al v. Metro Metals Corporation
Minn. Ct. App. 2016
Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd., (quotation omitted).
- Jean A. Swanson v. Summit Orthopedics, Ltd., et al Minn. Ct. App. 2016
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Jean A. Swanson v. Summit Orthopedics, Ltd., et al
Minn. Ct. App. 2016
Jerry’s Enters., Inc., v. Larkin, Hoffman, Daly & Lindgren, Ltd., Appellate courts “apply de novo review to the district court’s denial of a [r]ule 50 motion.” aff’d
- Joel Wells v. Rick E. Mattox Minn. Ct. App. 2016
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Joel Wells v. Rick E. Mattox
Minn. Ct. App. 2016
“Expert testimony is generally required to establish the standard of care applicable to an attorney whose conduct is alleged to have been negligent and further to establish whether the conduct deviated from that standard.” Jerry’s Enters., Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd., (quotation omitted).
- Patrick Exner v. Minneapolis Public Schools, Special School District No. 1 Minn. Ct. App. 2016
- Valley Paving, Inc. v. Stanley Consultants, Inc. Minn. Ct. App. 2016