Cited by
Opinions in Minnesota that cite Fine v. Bernstein, 726 N.W.2d 137.
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Criticized
State of Minnesota v. Todd Damase Ouellette
Minn. Ct. App. 2025
15 “Statements criticizing official conduct do not lose constitutional protection merely because they are criticisms.” rev. denied (Minn. Apr.
- Republican Party of Minnesota v. Nathan Miller, et al., Attorney General Keith Ellison, Intervenor Minn. Ct. App. 2024
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Republican Party of Minnesota v. Nathan Miller, et al., Attorney General Keith Ellison, Intervenor
Minn. Ct. App. 2024
In a challenge asserting that an OAH decision was not supported by substantial evidence, the relator has “the burden of establishing that the findings of the agency are unsupported by the evidence in the record, considered in its entirety.” rev. denied (Minn. Apr.
- Rebecca Lynn Fideldy v. Rose Marie Schumacher Minn. Ct. App. 2023
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Anoka County, Anoka, Minnesota v. American Federation of State, County & Municipal Employees, Council 5, South St. Paul, …
Minn. Ct. App. 2023
“An agency ’s conclusions are not arbitrary and capricious if a rational connection between the facts found and the choice made is articulated.” rev. denied (Minn. Apr.
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Anoka County, Anoka, Minnesota v. Law Enforcement Labor Services, Inc., Brooklyn Center, Minnesota, Bureau of Mediation Services
Minn. Ct. App. 2023
“An agency’s conclusions are not arbitrary and capricious if a rational connection between the fac ts found and the choice made is articulated.” Fine v. Bernstein , rev. denied (Minn. Apr.
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Re: Special Education Complaint 22-027C on behalf of V.S., L.S., and G.S. from Waconia ISD 0110-01
Minn. Ct. App. 2022
“Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” rev. denied (Minn. Apr.
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Jomari E. Alexander, Sr. v. Paul Strong, et al
Minn. Ct. App. 2021
In determining whether a statement is one of fact or opinion, courts consider “(1) a statement’s precision and specificity; (2) a statement’s verifiability; (3) the social and literary context in which the statement was made; and (4) a statement’s public context.” review denied (Minn. Apr.
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In the Matter of Don and Beverly Goerisch Replacement Housing Payment Claim
Minn. Ct. App. 2021
DECISION “On appeal, we presume the [Office of Administrative Hearings’s (OAH’s)] decision is correct.” Lewison v. Hutchinson , 7 (Minn. App. 2019) ( (holding that agency decision-maker presumption of correctness extends to OAH administrative judges), review denied (Minn. Apr.
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Brian Madison v. Todd County, et al., Morrison County, et al
Minn. Ct. App. 2021
When determining whether a statement expresses a fact or an opinion, we consider “(1) a statement ’s precision and specificity; (2) a statement’s verifiability; (3) the social and literary context in which the statement was made; and (4) a statement’s public context.” review denied (Minn. Apr.
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Katie Aase v. Megan Hamilton
Minn. Ct. App. 2020
In determining whether a statement is one of fact or opin ion, courts consider: “(1) a statement’s precision and specificity; (2) a statement’s verifiability; (3) the social and literary context in which the statement was made; and (4) a statement’s public context.” Fine v. Bernstein , , review denied (Minn. Apr.
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Jeffrey C. Brown PLLC, et al v. Gold Star Taxi and Transportation Service Corporation, et al
Minn. Ct. App. 2020
Indeed, the First Amendment protects opinion statements “because (supposedly) there is no such thing as a false opinion.” Fine v. Bernstein , review denied (Minn. Apr.
- 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
Fine v. Bernstein , , 142 (Minn. App. 2007), review denied (Minn. Apr.
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City of Grant, by and through its City Clerk, Kim Points v. John D. Smith
Minn. Ct. App. 2017
“An agency’s conclusions are not arbitrary and capricious if a rational connection between the facts found and the choice made is articulated.” , review denied (Minn. Apr.
- In the Matter of the Athlete Agent Application of Donald Walthall Minn. Ct. App. 2017
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In the Matter of the Athlete Agent Application of Donald Walthall
Minn. Ct. App. 2017
d 137, 142 (Minn. App. 2007), review denied (Minn. Apr.