Cited by
Opinions in Minnesota that cite In Re the Estate of Barg, 752 N.W.2d 52.
- Pharmaceutical Research and Manufacturers of America v. Keith Ellison, et al Minn. Ct. App. 2026
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In the Matter of the Welfare of the Children of: J. V. Z., Father
Minn. Ct. App. 2025
7 Father also argues that we should review this factor de novo because it relates to the application of law to stipulated facts
- Brad Hammerberg, as trustee for the Leonard J. and Margaret T. Schubert Irrevocable Trust, dated June 23, 2005 … Minn. Ct. App. 2024
- Brad Hammerberg, as trustee for the Leonard J. and Margaret T. Schubert Irrevocable Trust, dated June 23, 2005 … Minn. Ct. App. 2024
- In re the Estate of: Raymond Deforest Trahan, Deceased Minn. Ct. App. 2022
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Lance G. Cariveau v. Dakota, Minnesota & Eastern Railroad Corporation
Minn. Ct. App. 2022
And “[w]hether federal law preempts state law is primarily 6 an issue of statutory interpretation, which we review de novo.”
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Brad Hammerberg, as Trustee for the Leonard J. and Margaret T. Schubert Irrevocable Trust dated June 23, 2005 …
Minn. Ct. App. 2022
Minn. Stat. § 256B.15; (holding that federal law only allows recovery of assets 6 in which the MA recipien t had an interest at the time of their death).
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TC Investment Group, LLC v. Christine King, as the Personal Representative of the Estate of Mary Constance Aguirre
Minn. Ct. App. 2021
1992), whether consideration is necessary when conveying property through a warranty deed is a question of law subject to de novo review
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Minn. 2021
See, (explaining the importance of congressional intent and purpose in a preemption inquiry based on federal law).
- In re the Matter of: Dorothy Geyen v. Commissioner of Minnesota Department of Human Services, Carver County Health … Minn. Ct. App. 2021
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R e s p o n d e n t ,
Minn. 2021
Because Medicaid is intende d to be the payor of last 10 resort, persons must be financially eligible for Medical Assistan ce by having available assets valued below a statutory threshold amount.
- Steve Simon, in his official capacity as Minnesota Secretary of State Minn. 2020
- Jill M. Larsen v. Wells Fargo Bank NA Minn. Ct. App. 2020
- In re the Marriage of: James Richard Huntsman v. Zenith Annette Huntsman Minn. Ct. App. 2019
- In the Appeal of: SH RG For: Northstar Adoption Assistance Minn. Ct. App. 2018
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Kathryn Eich v. City of Burnsville, Ted Oakland, et al
Minn. Ct. App. 2018
-64 (Minn. 2008) (explaining three ways federal law may preempt state laws) ; see also State v. Kuhlman , (explaining three ways state law may preempt local laws).
- Jennissen v. City of Bloomington 904 N.W.2d 234 Minn. Ct. App. 2017
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Jennissen v. City of Bloomington
904 N.W.2d 234
Minn. Ct. App. 2017
-64 (Minn. 2008) (discussing three types of preemption in context of federal law preempting state law); aff'd, (explaining three ways state statute may preempt local ordinance).
- Marriage of Mattson v. Mattson 903 N.W.2d 233 Minn. Ct. App. 2017
- Marriage of Mattson v. Mattson 903 N.W.2d 233 Minn. Ct. App. 2017
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In re the Matter of: Amanda Jean Vail v. Ryan Joseph Vail
Minn. Ct. App. 2017
.”); (“A respondent who does not file a notice of review to challenge an adverse ruling of the district court waives that issue in the court of appeals.” (citing Minn. R. Civ.
- Nuvola, LLC v. Morgan Wright Minn. Ct. App. 2016
- Nuvola, LLC v. Morgan Wright Minn. Ct. App. 2016
- City of Apple Valley v. William C. Thompson (deceased), et al. Below, Gene Rechtzigel, individually and as trustee … Minn. Ct. App. 2015
- City of Apple Valley v. William C. Thompson (deceased), et al. Below, Gene Rechtzigel, individually and as trustee … Minn. Ct. App. 2015
- Toyota-Lift of Minnesota, Inc. v. American Warehouse Systems, LLC, et al. and third party plaintiffs, vs. Les Nielsen, … 868 N.W.2d 689 Minn. Ct. App. 2015
- Toyota-Lift of Minnesota, Inc. v. American Warehouse Systems, LLC, et al. and third party plaintiffs, vs. Les Nielsen, … 868 N.W.2d 689 Minn. Ct. App. 2015
- In the Matter of the Consolidated Hospital Surcharge Appeals of Gillette Children’s Specialty Healthcare, St. Luke’s Hospital, North … 867 N.W.2d 513 Minn. Ct. App. 2015
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In the Matter of the Consolidated Hospital Surcharge Appeals of Gillette Children’s Specialty Healthcare, St. Luke’s Hospital, North …
867 N.W.2d 513
Minn. Ct. App. 2015
& Loan Ass’n v. de la Cuesta, 458 U.S. 141, 152-54, 102 S. Ct. 3014, 3022 (1982)); see also Freightliner Corp. v. Myrick, 514 U.S. 280, 287, 115 S. Ct. 1483, 1487 (1995); -64 (Minn. 2008).
- Terry Boyd v. BNSF Railway Company 858 N.W.2d 797 Minn. Ct. App. 2014
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Terry Boyd v. BNSF Railway Company
858 N.W.2d 797
Minn. Ct. App. 2014
Congressional intent to impliedly preempt state law by occupying a legislative field can be inferred “where the scheme of federal regulation is sufficiently comprehensive to make reasonable the inference that Congress left no room for supplementary state regulation.”
- Restore House, Inc. v. Helga Township Minn. Ct. App. 2014
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Restore House, Inc. v. Helga Township
Minn. Ct. App. 2014
Ass’n, (quotation omitted); n.6 (Minn. 2008) (addressing a pure legal question); Oanes 6 v. Allstate Ins.
- Housing and Redevelopment Authority of Duluth v. Brian Lee 852 N.W.2d 683 Minn. 2014
- Housing and Redevelopment Authority of Duluth v. Brian Lee 852 N.W.2d 683 Minn. 2014
- Gretsch v. Vantium Capital, Inc. 846 N.W.2d 424 Minn. 2014
- Gretsch v. Vantium Capital, Inc. 846 N.W.2d 424 Minn. 2014
- Engfer v. General Dynamics Advanced Information System, Inc. 844 N.W.2d 236 Minn. Ct. App. 2014
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Engfer v. General Dynamics Advanced Information System, Inc.
844 N.W.2d 236
Minn. Ct. App. 2014
ANALYSIS “Whether federal law preempts state law is primarily an issue of statutory interpretation, which we review de novo.”
- Housing & Redevelopment Authority of Duluth v. Lee 832 N.W.2d 868 Minn. Ct. App. 2013
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Housing & Redevelopment Authority of Duluth v. Lee
832 N.W.2d 868
Minn. Ct. App. 2013
“Whether federal law preempts state law is primarily an issue of statutory interpretation, which we review de novo.”
- Thole v. Commissioner of Public Safety 831 N.W.2d 17 Minn. Ct. App. 2013
- Thole v. Commissioner of Public Safety 831 N.W.2d 17 Minn. Ct. App. 2013
- Graves v. Wayman 816 N.W.2d 655 Minn. Ct. App. 2012
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Graves v. Wayman
816 N.W.2d 655
Minn. Ct. App. 2012
4, 106; (stating that respondent’s failure to file a notice of review under the predecessor to the current rules governing a notice of related appeal waives review of that issue in the court of appeals).
- In re the Estate of Perrin 796 N.W.2d 175 Minn. Ct. App. 2011
- In re the Estate of Perrin 796 N.W.2d 175 Minn. Ct. App. 2011
- Young v. Jesson 796 N.W.2d 158 Minn. Ct. App. 2011
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Young v. Jesson
796 N.W.2d 158
Minn. Ct. App. 2011
The federal Medicaid program “is jointly funded with the states as a ‘cooperative endeavor in which the [fjederal [gjovernment provides financial assistance to participating [sjtates to aid them in furnishing health care to needy persons.’ ” (quoting Harris v. McRae, 448 U.S. 297, 308 , 100 S.Ct.
- Marriage of Angell v. Angell 791 N.W.2d 530 Minn. 2010