Cited by
Opinions in Minnesota that cite Whitaker v. 3M Co., 764 N.W.2d 631.
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Minnesota Police and Peace Officers Association v. Minnesota Board of Peace Officer Standards and Training
Minn. Ct. App. 2026
Whitaker v. 3M Co., d 631, 635 (Minn. App. 2009).
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Lorenzo Tejeda, et al v. David Maceda
Minn. Ct. App. 2025
For example, “the facts on which [a] trial court acts in granting a temporary injunction are, by the nature of the situation, provisional.” Dahlberg Bros., see also Whitaker v. 3M Co., (stating that “factual findings at the class-certification stage are not binding on the ultimate trier of fact”), rev. denied (Minn. July 22, 2009).
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Joseph Thomas Gardner v. State of Minnesota, Department of Human Services, HealthPartners
Minn. Ct. App. 2025
See Whitaker v. 3M Co. , 0 n.1 (Minn. App. 2009) (explaining that this court’s “role as an error-correcting court does not extend to making findings in the first instance”), rev. denied (Minn. July 22, 2009); (explaining that “particularized findings are necessary to faci
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In re the Marriage of: Debra Jean Berndt-Tuttle v. Jason James Tuttle
Minn. Ct. App. 2023
See Whitaker v. 3M Co ., n.1 (Minn. App. 2009) (“[O]ur role as an error -correcting court does not extend to making factual findings.”) Respondent was 40 at the time of his marriage to appellant; the 9 largest of his retirement accounts was his union account; and most of his work in the union was done prior to the marriage.
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In the Matter of the Civil Commitment of: Charles Jeremy Epperson
Minn. Ct. App. 2020
Whitaker v. 3M Co. , 640 (Minn. App. 2009) , review denied (Minn. July 22, 2009).
- Bacon v. Bd. of Pensions of the Evangelical Lutheran Church in Am. 930 N.W.2d 437 Minn. Ct. App. 2019
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Bacon v. Bd. of Pensions of the Evangelical Lutheran Church in Am.
930 N.W.2d 437
Minn. Ct. App. 2019
Whitaker v. 3M Co. , , 635 (Minn. App. 2009), review denied (Minn. July 22, 2009).
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Michael Schemel v. Vermilion Capital Management, Department of Employment and Economic Development
Minn. Ct. App. 2018
The four d ecisions referring to the 40 percent penalty applicable to 2 DEED asserts that “[i]t is also undisputed that Schemel was paid a commission of $1,750 during the week of October 8, 2017,” which the ULJ “overlooked.” We will not make findings regarding evidence that the ULJ “overlooked.” See Whitaker v. 3M Co. , n. 1 (Minn. App. 2009) (explaining that “ our role as an error-correcting court does not extend to making factual findings in the first instance”) , review denied (Minn. July 22,
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State of Minnesota v. Jorge Armando Benavides
Minn. Ct. App. 2017
Kucera, 275 Minn. at 254-55, d at 183; (holding that the court of appeals exceeds its scope of review by “reweighing the evidence and finding its own facts”); Whitaker v. 3M Co., n.1 (Minn. App. 2009) (“[O]ur role as an error-correcting court does not extend to making factual findings in the first instance.”), review denied (Minn. July 22, 2009).
- Lifespan of Minnesota, Inc. v. Minneapolis Public Schools, Special School District No. 1 Minn. Ct. App. 2016
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Lifespan of Minnesota, Inc. v. Minneapolis Public Schools, Special School District No. 1
Minn. Ct. App. 2016
See Whitaker v. 3M Co., n.1 (Minn. App. 2009) (“our role as an error- correcting court does not extend to making factual findings in the first instance”).
- Ferdinand Leo Gams, Jr. v. Steven Ronald Houghton 869 N.W.2d 60 Minn. Ct. App. 2015
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Ferdinand Leo Gams, Jr. v. Steven Ronald Houghton
869 N.W.2d 60
Minn. Ct. App. 2015
Id.; see also Whitaker v. 3M Co., (stating that district court, and not this court, “must address and resolve [relevant] factual disputes”).
- In re Guardianship of DeYoung 801 N.W.2d 211 Minn. Ct. App. 2011
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In re Guardianship of DeYoung
801 N.W.2d 211
Minn. Ct. App. 2011
Whitaker v. 3M Co., review denied (Minn. Jul.
- Curtis v. Altria Group, Inc. 792 N.W.2d 836 Minn. Ct. App. 2010
- Vasseei v. Schmitty & Sons School Buses Inc. 793 N.W.2d 747 Minn. Ct. App. 2010
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Vasseei v. Schmitty & Sons School Buses Inc.
793 N.W.2d 747
Minn. Ct. App. 2010
7(d)(2); (holding in the family-law context that a trial court abuses its discretion by improperly applying the law); Whitaker v. 3M Co., (“[I]t is an abuse of discretion when the district court improperly applies the law.”), review denied (Minn. July 22, 2009).
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Curtis v. Altria Group, Inc.
792 N.W.2d 836
Minn. Ct. App. 2010
“[I]t is clear that our review of [a] district court’s certification decision should be for abuse of discretion.” Whitaker v. 3M Co., review denied (Minn. July 22, 2009).
- Kelly v. Ambassador Press, Inc. 792 N.W.2d 103 Minn. Ct. App. 2010
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Kelly v. Ambassador Press, Inc.
792 N.W.2d 103
Minn. Ct. App. 2010
Whitaker v. 3M Co., review denied (Minn. July 22, 2009).
- U.S. Bank N.A. v. Cold Spring Granite Co. 788 N.W.2d 160 Minn. Ct. App. 2010
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U.S. Bank N.A. v. Cold Spring Granite Co.
788 N.W.2d 160
Minn. Ct. App. 2010
See Whitaker v. 3M Co., , 640 n. 1 (Minn.App.2009) (explaining that “our role as an [appellate] court does not extend to making factual findings in the first instance”).
- Marriage of Angell v. Angell 777 N.W.2d 32 Minn. Ct. App. 2009
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Marriage of Angell v. Angell
777 N.W.2d 32
Minn. Ct. App. 2009
See Whitaker v. 3M Co., , 640 n. 1 (Minn.App.2009) (“[0]ur role ...
- Friend v. Gopher Co., Inc. 771 N.W.2d 33 Minn. Ct. App. 2009
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Friend v. Gopher Co., Inc.
771 N.W.2d 33
Minn. Ct. App. 2009
See Whitaker v. 3M Co., , 640 n. 1 (Minn.App.2009) (explaining that “our role as an [appellate] court does not extend to making factual findings in the first instance”).