Cited by

Opinions in Minnesota that cite Bahr v. CAPELLA UNIVERSITY, 788 N.W.2d 76.

125 citing documents.

Wesley E. Wills v. Lucinda Jesson, et al Minn. Ct. App. 2019
Forslund v. State 924 N.W.2d 25 Minn. Ct. App. 2019
Forslund v. State 924 N.W.2d 25 Minn. Ct. App. 2019
80 (Minn. 2010) (failure to state a claim); see also Edina Comm.
Kimberly Brinkman v. Nasseff Mechanical Contractors, Inc., Sprinkler Fitters Local #417 Minn. Ct. App. 2018
A pleading should be dismissed under rule 12 “only if it appears to a certainty that no facts, which could be introduced consistent with the pleading, exist which would support granting the relief demanded.” (quotation omitted).
Daniel J. Engstrom v. Whitebirch, Inc., et al. and third party plaintiffs, vs. Daniel J. Engstrom, third party … Minn. Ct. App. 2018
American Family Insurance, et al v. City of Minneapolis Minn. Ct. App. 2018
In re the Marriage of: Tamara Ann Fonoti v. Mace Faamasani Fonoti Minn. Ct. App. 2018
See Choa Yang Xiong v. Su Xiong , d 187, 191-92 (Minn. App. 2011) (), review denied (Aug.
Davenia Porter v. Allina Health Systems, d/b/a United Hospital, et al Minn. Ct. App. 2018
Jeff Jaglo v. Ellen Bach, et al., ABC Corporation, et al Minn. Ct. App. 2018
A pleading will be dismissed “only if it appears to a certainty that no facts, which could be introduced consistent with the pleading, exist which would support granting the relief demanded.” (quotation omitted).
FR Holding, LLC v. BA Halper, LLC, et al. and third party plaintiffs, vs. FactRight, LLC, et al., … Minn. Ct. App. 2017
LaFayette Temple v. Metropolitan Council Minn. Ct. App. 2017
Jayson Dock, et al v. Waconia Landing Homeowners Association, Inc. Minn. Ct. App. 2017
P. 12.02(e) if it “fail[s] to state a claim upon which relief can be granted.” A pleading should be dismissed under rule 12.02(e) “only if it appears to a certainty that no facts, which could be introduced consistent with the pleading, exist which would support granting the relief demanded.” (quotation omitted).
Crystal Grosch v. Soo Line Railroad Company, d/b/a Canadian Pacific Minn. Ct. App. 2017
(quoting Hoover, d at 548).
David Brian Pemrick v. Lori Ann Bucher, et al Minn. Ct. App. 2017
David Brian Pemrick v. Lori Ann Bucher, et al Minn. Ct. App. 2017
Jerald Hammann v. Wells Fargo Bank, N. A., and Wells Fargo Bank N. A., vs. Jeffrey Robert Busch, … Minn. Ct. App. 2017
Jerald Hammann v. Wells Fargo Bank, N. A., and Wells Fargo Bank N. A., vs. Jeffrey Robert Busch, … Minn. Ct. App. 2017
“But a legal conclusion in the complaint is not binding on us,” and “[a] plaintiff must provide more than labels and conclusions.”
Wayne Nicolaison v. Kevin Moser, Director of Minnesota Sex Offender Program Minn. Ct. App. 2016
Wayne Nicolaison v. Kevin Moser, Director of Minnesota Sex Offender Program Minn. Ct. App. 2016
Greenpond South, LLC v. General Electric Capital Corp. 886 N.W.2d 649 Minn. Ct. App. 2016
Greenpond South, LLC v. General Electric Capital Corp. 886 N.W.2d 649 Minn. Ct. App. 2016
Robert Allen Taylor Company, et al v. United Credit Recovery, LLC, a Delaware Limited Liability Company, US Bancorp, … Minn. Ct. App. 2016
Robert Allen Taylor Company, et al v. United Credit Recovery, LLC, a Delaware Limited Liability Company, US Bancorp, … Minn. Ct. App. 2016
“[A] pleading will be dismissed only if it appears to a certainty that no facts, 12 which could be introduced consistent with the pleading, exist which would support granting the relief demanded.” (quotation omitted); see also Walsh v. U.S. Bank, N.A., (declining to adopt the federal plausibility pleading standard).
Northern States Power Company v. Jarvis Jones, et al., Associated Bank, N. A., et al Minn. Ct. App. 2016
Northern States Power Company v. Jarvis Jones, et al., Associated Bank, N. A., et al Minn. Ct. App. 2016
Robert Martin, et al v. A’BULAE, LLC, et al Minn. Ct. App. 2016
Robert Martin, et al v. A’BULAE, LLC, et al Minn. Ct. App. 2016
P. 12.02(e) if it “fail[s] to state a claim upon which relief can be granted.” A pleading should be dismissed under rule 12.02(e) “only if it appears to a certainty that no facts, which could be introduced consistent 3 with the pleading, exist which would support granting the relief demanded.” (quotation omitted); see also Walsh v. U.S. Bank, N.A., (“A claim is sufficient against a motion to dismiss for failure to state a claim if it is possible on any evidence which might be produced, consisten
Waseca County, et al v. Minnesota Department of Transportation Minn. Ct. App. 2016
Waseca County, et al v. Minnesota Department of Transportation Minn. Ct. App. 2016
Although “[appellate courts] accept the facts alleged in the complaint as true and construe all reasonable inferences in favor of the nonmoving party,” id., “a legal conclusion in the complaint is not binding on [an appellate court],”
Anibal Sanchez v. Dahlke Trailer Sales, Inc. Minn. Ct. App. 2016
Anibal Sanchez v. Dahlke Trailer Sales, Inc. Minn. Ct. App. 2016
at 842 (stating that a decrease in salary, title, or benefits constitutes adverse employment action); (“An adverse employment action must include some tangible change in duties or working conditions.”).
Mary Jo Delaney v. Cragun Corporation Minn. Ct. App. 2016
Mary Jo Delaney v. Cragun Corporation Minn. Ct. App. 2016
Kristina Jean Powers v. Superintendent James Freihammer, in his official capacity, et al Minn. Ct. App. 2016
Kristina Jean Powers v. Superintendent James Freihammer, in his official capacity, et al Minn. Ct. App. 2016
A claim is sufficient to survive a motion to dismiss “if it is possible on any evidence which might be produced, consistent with the pleader’s theory, to grant the relief demanded.” N. States Power Co. v. Franklin, 265 Minn. 391, 395
In re Medtronic, Inc. Shareholder Litigation Minn. Ct. App. 2016
In re Medtronic, Inc. Shareholder Litigation Minn. Ct. App. 2016
claim showing that the pleader is entitled to relief and a demand for judgment for the relief sought.” A claim is sufficient to survive a motion to dismiss “if it is possible on any evidence which might be produced, consistent with the pleader’s theory, to grant the relief demanded.” N. States Power Co. v. Franklin, 265 Minn. 391, 395
James P. Thommes v. Honeywell International, Inc. Minn. Ct. App. 2015
James P. Thommes v. Honeywell International, Inc. Minn. Ct. App. 2015
Cheryl Kaufenberg v. The Winkley Company d/b/a Winkley Orthotics & Prosthetics Minn. Ct. App. 2015
Cheryl Kaufenberg v. The Winkley Company d/b/a Winkley Orthotics & Prosthetics Minn. Ct. App. 2015
any form of intimidation, retaliation, or harassment.” (emphases omitted).
Janie “Jane” Astramecki, et al v. Minnesota Department of Agriculture, et al Minn. Ct. App. 2015
Janie “Jane” Astramecki, et al v. Minnesota Department of Agriculture, et al Minn. Ct. App. 2015
Patrick M. Figgins v. Noah Wilcox, and Grand Rapids State Bank/counterclaimant and third party plaintiff, vs. Patrick Figgins, … Minn. Ct. App. 2015
Patrick M. Figgins v. Noah Wilcox, and Grand Rapids State Bank/counterclaimant and third party plaintiff, vs. Patrick Figgins, … Minn. Ct. App. 2015
Under that rule, a claim can survive a motion to dismiss “if it is possible on any evidence which might be produced, consistent with the pleader’s theory, to grant the relief demanded.” Walsh v. U.S. Bank, N.A., d 598, 603 (Minn. 2014); (stating that a pleading will be dismissed “only if it appears to a certainty that no facts, which could be introduced consistent with the pleading, exist which would support granting the relief demanded”) (quotation omitted).
Persigehl v. Ridgebrook Investments Ltd. Partnership 858 N.W.2d 824 Minn. Ct. App. 2015
Persigehl v. Ridgebrook Investments Ltd. Partnership 858 N.W.2d 824 Minn. Ct. App. 2015
A pleading should be dismissed “only if it appears to a certainty that no facts, which could be introduced consistent with the pleading, exist which • would support granting the relief demanded.” (quotation omitted).
Jeff Persigehl and Samone Bodley, individually and on behalf of the putative classes (A14-0027) (A14-0123) v. Ridgebrook Investments … Minn. Ct. App. 2015
Jeff Persigehl and Samone Bodley, individually and on behalf of the putative classes (A14-0027) (A14-0123) v. Ridgebrook Investments … Minn. Ct. App. 2015
A pleading should be dismissed “only if it appears to a certainty that no facts, which could be introduced consistent with the pleading, exist which would support granting the relief demanded.” (quotation omitted).
Loyce C. Gonza-Odima, et al v. Zumbro LLC, Homeward Residential, Inc., a Delaware corporation Minn. Ct. App. 2014