Cited by
Opinions in Minnesota that cite Bahr v. CAPELLA UNIVERSITY, 788 N.W.2d 76.
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Forslund v. State
924 N.W.2d 25
Minn. Ct. App. 2019
80 (Minn. 2010) (failure to state a claim); see also Edina Comm.
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Kimberly Brinkman, Appellant,
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, Appellant, Minn. Ct. App. 2018
- American Family Insurance, et al., Appellants, Minn. Ct. App. 2018
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In re the Marriage of: Tamara Ann Fonoti, petitioner, Respondent,
Minn. Ct. App. 2018
See Choa Yang Xiong v. Su Xiong , d 187, 191-92 (Minn. App. 2011) (), review denied (Aug.
- Davenia Porter, Appellant, Minn. Ct. App. 2018
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Jeff Jaglo, Appellant,
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, Respondent, Minn. Ct. App. 2017
- LaFayette Temple, Appellant, Minn. Ct. App. 2017
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Jayson Dock, et al., Appellants,
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).
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Crystal Grosch, Appellant,
Minn. Ct. App. 2017
(quoting Hoover, d at 548).
- David Brian Pemrick v. Lori Ann Bucher Minn. Ct. App. 2017
- David Brian Pemrick v. Lori Ann Bucher Minn. Ct. App. 2017
- Jerald Hammann v. Wells Fargo Bank, N. A., and Wells Fargo Bank N. A. v. Jeffrey Robert Busch, … Minn. Ct. App. 2017
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Jerald Hammann v. Wells Fargo Bank, N. A., and Wells Fargo Bank N. A. v. 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 v. United Credit Recovery, LLC, a Delaware Limited Liability Company, US Bancorp, a Delaware … Minn. Ct. App. 2016
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Robert Allen Taylor Company v. United Credit Recovery, LLC, a Delaware Limited Liability Company, US Bancorp, a Delaware …
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, Associated Bank, N. A. Minn. Ct. App. 2016
- Northern States Power Company v. Jarvis Jones, Associated Bank, N. A. Minn. Ct. App. 2016
- Robert Martin v. A�BULAE, LLC Minn. Ct. App. 2016
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Robert Martin v. A�BULAE, LLC
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 v. Minnesota Department of Transportation Minn. Ct. App. 2016
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Waseca County 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
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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 Minn. Ct. App. 2016
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Kristina Jean Powers v. Superintendent James Freihammer, in his official capacity
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
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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
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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 v. Minnesota Department of Agriculture Minn. Ct. App. 2015
- Janie "Jane" Astramecki v. Minnesota Department of Agriculture Minn. Ct. App. 2015
- Patrick M. Figgins v. Noah Wilcox, and Grand Rapids State Bank, defendant/counterclaimant and third party v. Patrick Figgins, … Minn. Ct. App. 2015
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Patrick M. Figgins v. Noah Wilcox, and Grand Rapids State Bank, defendant/counterclaimant and third party v. 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
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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
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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 v. Zumbro LLC, Homeward Residential, Inc., a Delaware corporation Minn. Ct. App. 2014
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Loyce C. Gonza-Odima v. Zumbro LLC, Homeward Residential, Inc., a Delaware corporation
Minn. Ct. App. 2014
P. 12.02(e), “a claim is sufficient to survive a motion to dismiss for failure to state a claim 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., (syllabus); (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).
- In Re: the Petition of K. S. O. and M. A. O. to Adopt L. R. O. Minn. Ct. App. 2014