Cited by
Opinions in Minnesota that cite Valspar Refinish, Inc. v. Gaylord's, Inc., 764 N.W.2d 359.
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Gerald L. Trooien v. Talon OP, L.P., et al
Minn. Ct. App. 2020
Valspar Refinish, Inc. v. Gaylord’s, Inc., -65 (Minn. 2009); Roemhildt v. Kristall Dev., Inc., review denied (Minn. July 19, 2011).
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Aegis Insurance Services, LTD., and other interested insurers as subrogees of Northern States Power Co. and Southern Minnesota …
Minn. Ct. App. 2020
See Valspar Refinish, Inc. v. Gaylord’s, Inc., (requiring a person to “suppl[y] false information ” and referring to “ the person making the representation ”).
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ARF, LLC, a Minnesota limited liability company v. SAMS Enterprises, LLC, et al., Creekside Office Warehouse Condominium Association
Minn. Ct. App. 2020
See Valspar Refinish, Inc. v. Gaylord’s, Inc., (articulating elements of negligent misrepresentation); Hoyt Props., Inc. v. Prod.
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In re the Matter of: Jennifer Lynn Gaughan v. Patrick Michael Gaughan
Minn. Ct. App. 2019
“[K]nowledge may be actual or constructive and the intent to waive may be inferred from conduct.” Valspar Refinish, Inc. v. Gaylord’s Inc. , (quotation omitted).
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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
In the realm of contracts, th e supreme court has “consistently stated that when a contractual provision is clear and unambiguous, courts should not rewrite, modify, or limit its effect by a strained construction.” Valspar Refinish, Inc. v. Gaylord’s, Inc., -65 (Minn. 2009).
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Pohocogo, LLC v. Paul Cassidy, et al
Minn. Ct. App. 2019
See Valspar Refinish, Inc. v. Gaylord’s, Inc.
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Quality Companies, LLC v. Corey Lee Albertson, individually and d/b/a/ American Towing
Minn. Ct. App. 2019
Valspar Refinish, Inc. v. Gaylord ’s, Inc., Modrow v. JP Foodservice, Inc.
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Robert F. Goerdt, et al v. Lucille Goerdt, et al
Minn. Ct. App. 2019
“Waiver is generally a question of fact, and it is rarely to be inferred as a matter of law.” Valspar Refinish Inc. v. Gaylord’s, Inc., (quotation omitted).
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Rogelio Onofre and counterclaim defendant v. Marcos Hernandez, et al., counterclaimants and third-party plaintiffs, vs. Douglas E. Nepp, …
Minn. Ct. App. 2019
V alspar Refinish, Inc. v. Gaylord’s Inc.
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David Anderson, et al v. David H. Koch, et al., New State Funding, LLC d/b/a Partners Funding, Mark …
Minn. Ct. App. 2019
Valspar Refinish, Inc. v. Gaylord’s, Inc.
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Teresa Thompson v. Les Riess, et al
Minn. Ct. App. 2019
See V alspar Refinish, Inc. v. Gaylord’s, Inc.
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Lunda Construction Company v. County of Anoka
Minn. Ct. App. 2019
at 77; see also Valspar Refinish, Inc. v. Gaylord’s, Inc.
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CrowdSuit, LLC v. AT & T Mobility, LLC
Minn. Ct. App. 2018
Valspar Refinish, Inc. v. Gaylord’s, Inc .
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Medtronic, Inc., et al v. Mark T. Sherland, Jr., et al
Minn. Ct. App. 2018
The primary goal of contract interpretation is to “enforce the intent of the parties.” Valspar Refinish, Inc. v. Gaylord’s, Inc.
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Thomas A. Ruether, et al v. Kathleen Mimbach Living Trust, et al., City of Rockville
Minn. Ct. App. 2018
Valspar Refinish, Inc. v. Gaylor d’s, Inc.
- Phone Recovery Servs., LLC v. Qwest Corp. 919 N.W.2d 315 Minn. 2018
- Gill v. Gill 919 N.W.2d 297 Minn. 2018
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Gill v. Gill
919 N.W.2d 297
Minn. 2018
Valspar Refinish, Inc. v. Gaylord's Inc. , , 364 (Minn. 2009).
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The Bluffs on Sans Pierre Townhomes and Villas Association v. Wooddale Builders, Inc., Laukka-Jarvis, Inc., and Laukka-Jarvis, Inc., …
Minn. Ct. App. 2018
Valspar Refinishing, Inc. v. Gaylord’s, Inc.
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Steve Dupuis v. GATR of Sauk Rapids, Inc., d/b/a GATR Truck Center, d/b/a GATR Volvo & GMC Center; …
Minn. Ct. App. 2018
See Valspar Refinish, Inc. v. Gaylord’s, Inc., (listing elements of claim for fraudulent inducement).
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Adherent Laboratories, Inc. v. Mark DiPietro, et al
Minn. Ct. App. 2018
A court’s primary goal in contract interpretation “is to ascertain and enfo rce the intent of the parties.” Valspar Refinish, Inc. v. Gaylord’ s, Inc.
- St. Jude Med., Inc. v. Carter 913 N.W.2d 678 Minn. 2018
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St. Jude Med., Inc. v. Carter
913 N.W.2d 678
Minn. 2018
*683 Valspar Refinish, Inc. v. Gaylord's, Inc. , , 364 (Minn. 2009).
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J.C. Allen Co., Inc. v. Wisconsin Central Ltd., an Illinois company
Minn. Ct. App. 2018
“The primary goal of contract interpretation is to ascertain and enforce the intent of the parties.” Valspar Refinish, Inc. v. Gaylord’ s, Inc. , see also 7 Travertine Corp. v. Lexington –Silverwood
- Sorchaga v. Ride Auto, LLC 909 N.W.2d 550 Minn. 2018
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Sorchaga v. Ride Auto, LLC
909 N.W.2d 550
Minn. 2018
See Valspar Refinish, Inc. v. Gaylord's, Inc. , , 368 (Minn. 2009) (listing elements of fraud).
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Deutsche Bank National Trust Company v. Stephen C. Roberts, Genevieve B. Roberts, Capital Alliance Financial, LLC, et al., …
Minn. Ct. App. 2018
“[W]aiver is the intentional relinquishment of a known right.” Valspar Refinish, Inc. v. Gaylord’s, Inc., (quotations omitted).
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In re: Estate of Loretta M. Chisholm, Decedent
Minn. Ct. App. 2018
Waiver “is the intentional relinquishment of a known right.” Valspar Refinish, Inc. v. Gaylord’s, Inc., (quotation omitted).
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Ricky Johnson, d/b/a Rick Johnson’s Deer and Beaver, Inc. v. Anoka County
Minn. Ct. App. 2017
Generally, it is a question of fact and “is rarely to be inferred as a matter of law.” Valspar Refinish, Inc. v. Gaylord’s, Inc., (quotation omitted).
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KLC Financial, Inc. v. Plymouth Harvest Grill, LLC, et al., Aspen Showroom, Inc., et al
Minn. Ct. App. 2017
See Valspar Refinish, Inc. v. Gaylord’s, Inc. , (stating that party opposing summary judgment “m ust present more than evidence which merely creates a metaphysical doubt as to a factual issue and which is not sufficiently probative with respect to an essential element of the nonmoving party’s case to permit reasonable persons to draw different
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Sherwood Forest, Inc. v. Arctic Cat, Inc., et al
Minn. Ct. App. 2017
“The primary goal of contract interpretation is to ascertain and enforce the intent of the parties.” Valspar Refinish, Inc. v. Gaylord’s, Inc., see also Travertine Corp. v. Lexington –Silverwood
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Mark Wilmes v. Owatonna Hospitality, LLC
Minn. Ct. App. 2017
In order to raise a genuine issue of material fact, “the nonmoving party must present more than evidence which merely creates a metaphysical doubt as to a factual issue and which is not sufficiently probative with respect to an essential element of the nonmoving party’s case 4 to permit reasonable persons to draw different conclusions.” Valspar Refinish, In c. v. Gaylord’s, Inc., (quotation omitted).
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Bryan Scherping, d/b/a JBR Farms; et al v. Amy Scherping, et al. and third party plaintiffs, vs. Bryan …
Minn. Ct. App. 2017
“[W]aiver is the intentional relinquishment of a known right.” Valspar Refinish, Inc. v. Gaylord’s, Inc., (quotations omitted).
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Accounts Receivable Services, LLC, as Successor in Interest to Allina Health System, Allina Health System, Nonparty Respondent v. …
Minn. Ct. App. 2017
Valspar Refinish, Inc. v. Gaylord’s, Inc.
- Dusenbery v. Hawks 895 N.W.2d 640 Minn. Ct. App. 2017
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Dusenbery v. Hawks
895 N.W.2d 640
Minn. Ct. App. 2017
See Valspar Refinish, Inc. v. Gaylord’s, Inc., (outlining elements of fraudulent inducement claim, including showing of “pecuniary *647 damages”); Witzman v. Lehrman, Lehrman & Flom, -86 (Minn. 1999) (“[A]ll who actively participate in any manner in the commission of a tort, or who ...
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Deutsche Bank National Trust Company, as certificate trustee on behalf of Bosco Credit II Trust Series 2010-1 v. …
Minn. Ct. App. 2017
Law Comm’n 2002); see also Valspar Refinish, Inc. v. Gaylord’s, Inc., (citing the Uniform Commercial Code commentary as persuasive authority); Deutsche Bank Trust Co. Americas v. Samora, 321 P.3d 590, 598 (Colo.
- 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
Valspar Refinish, Inc. v. Gaylord’s, Inc.
- Allen Battle v. Auto Sales 1, Inc. Minn. Ct. App. 2017
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Allen Battle v. Auto Sales 1, Inc.
Minn. Ct. App. 2017
“Contract interpretation is a question of law that [this court] review[s] de novo.” Valspar Refinish, Inc. v. Gaylord’s, Inc., (quotation omitted).
- RK Midway, LLC, et al v. Metropolitan Council Minn. Ct. App. 2017
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RK Midway, LLC, et al v. Metropolitan Council
Minn. Ct. App. 2017
[that would] permit reasonable persons to draw different conclusions.” Valspar Refinish, Inc. v. Gaylord’s, Inc., Minn. R. Civ.
- Andrew Kaeding, et al v. Karl Auleciems, Susanne Auleciems 886 N.W.2d 658 Minn. Ct. App. 2016
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Andrew Kaeding, et al v. Karl Auleciems, Susanne Auleciems
886 N.W.2d 658
Minn. Ct. App. 2016
“The primary goal of contract interpretation is to ascertain and enforce the intent of the parties.” Valspar Refinish, Inc. v. Gaylord’s, Inc., see also Travertine Corp. v. Lexington–Silverwood
- Robert P. Lindstrom v. Progressive Direct Insurance Company Minn. Ct. App. 2016
- Minnesota Workers’ Compensation Assigned Risk Plan as administered by RTW, Inc. v. Dimas Reyes, Advanced Designs Siding and … Minn. Ct. App. 2016
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Robert P. Lindstrom v. Progressive Direct Insurance Company
Minn. Ct. App. 2016
“The party moving for summary judgment has the burden to show that there is no genuine issue of material fact 3 and that it is entitled to judgment as a matter of law.” Valspar Refinish, Inc. v. Gaylord’s, Inc.
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Minnesota Workers’ Compensation Assigned Risk Plan as administered by RTW, Inc. v. Dimas Reyes, Advanced Designs Siding and …
Minn. Ct. App. 2016
Co., (statutory interpretation); Valspar Refinish, Inc., v. Gaylord’s, Inc., (contract interpretation).
- Storms, Inc. v. Mathy Construction Co. 883 N.W.2d 772 Minn. 2016