Cited by
Opinions in Minnesota that cite Zutz v. Nelson, 788 N.W.2d 58.
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Jon Gregory Heymer, et al v. Heymer Limited Partnership, Jeffrey Scott Heymer, et al
Minn. Ct. App. 2026
P. 12.03, “[w]e review de novo whether the complaint sets forth a legally sufficient claim for relief .” d 58, 61 (Minn. 2010) (quotation omitted).
- Thaleaha McBee v. Team Industries, Inc. Minn. 2025
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Thaleaha McBee v. Team Industries, Inc.
Minn. 2025
official duties, to communicate defamatory material”); –37 (Minn. 1994) (state trooper had “absolute immunity from a civil suit in defamation for the statements made in the written police report”); (“Two categories of privilege exist as defenses 11 against defamation claims—absolute privilege and conditional or ‘qualified’ privilege.
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Minn. 2025
official duties, to communicate defamatory material”); –37 (Minn. 1994) (state trooper had “absolute immunity from a civil suit in defamation for the statements made in the written police report”) ; (“Two categories of privilege exist as defenses 12 against defamation claims—absolute privilege and conditional or ‘ qualified’ privilege.
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Kimberly Hamson, et al v. The Foothills Christian Academy Society of Backus, MN, et al
Minn. Ct. App. 2025
14, 1995), and statements made by local governing bodies such as city councils or county boards, d 58, 63 (Minn. 2010).
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Tyler Timberlake v. Brian O’Hara (A24-1282) (A24-1331), City of Minneapolis (A24-1282) (A24-1331)
Minn. Ct. App. 2025
But the supreme court “ha[s] consistently declined to extend absolute privilege to all legislative officers, such as those in subordinate government bodies.” Minke, d at 182; (refusing to extend absolute privilege to statements made by members of an unelected watershed district); (concluding that subordinate bodies are not protected by absolute privilege “since the members of such bodies are sufficiently protect
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Smith Jadin Johnson, PLLC, et al v. Minnesota Lawyers Mutual Insurance Company
Minn. Ct. App. 2025
“[W]e consider only the facts alleged in the complaint, accepting those facts as true and drawing all reasonable inferences in favor of the nonmoving party.” d 58, 61 (Minn. 2010).
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Dalvin Cook v. Gracelyn Trimble, Daniel Cragg, et al
Minn. Ct. App. 2025
See, (recognizing constitutional absolute privilege for state legislators in discharge of their official duties and caselaw extending absolute privilege to other government officials).
- Peggy Flaig, et al v. Civil Society Minn. Ct. App. 2024
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Morex Properties, LLC v. Sauro & Bergstrom, PLLC, Warner Law Office, AllenMax Construction, LLC
Minn. Ct. App. 2023
In determining whether a claim is legally sufficient, we consider “only the facts alleged in the complaint , accepting those facts as true and 11 drawing all reasonable inferences in favor of the nonmoving party.”
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Raymond L. Semler v. Jodi Harpstead, et al
Minn. Ct. App. 2022
The sole question on appeal is “whether the complaint sets forth a legally sufficient claim for relief.” (quotation omitted).
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Aaron J. Harkins,
Minn. 2022
In determining whether a claim is legally sufficient, we consider “only the facts alleged in the complaint, accepting those facts as true and drawing all reasonable inferences in favor of the nonmoving party.”
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Tyler Halva v. Minnesota State Colleges and Universities
Minn. 2021
d 850 853 (Minn. 2020); (judgments on 14 the pleadings are reviewed de novo).
- Debra Sakrison v. City of Gilbert Minn. Ct. App. 2020
- Steven Dahl v. Pamela Quinn Minn. Ct. App. 2020
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Meagan Abel,
Minn. 2020
(motion for judgment on the pleadings); Bodah v. Lakeville Motor Express, Inc. , (motion to dismiss).
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Minn. 2020
We have explained that “[t] he Minnesota Constitution grants absolute privilege from defamation liability to members of the State Senate and House of Representatives i n the discharge of their official duties.” Zutz v. Nelson
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Ryan Larson,
Minn. 2020
(noting that an “[a]bsolute privilege is not lightly granted and applies only in limited circumstances”); see also Moreno, d at 332 (declining to adopt section 611 in full).
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Meagan Abel v. Abbott Northwestern Hospital, et al., St. Mary's University Minnesota
Minn. Ct. App. 2019
(dismiss); Zutz v. Nelson , (judgment on the pleadings).
- Arch Apartment Management L.L.C. v. AMTAX Holdings 224, LLC, et al Minn. Ct. App. 2019
- Engstrom v. Whitebirch, Inc. 931 N.W.2d 786 Minn. 2019
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Engstrom v. Whitebirch, Inc.
931 N.W.2d 786
Minn. 2019
Zutz v. Nelson , , 61 (Minn. 2010) (citation omitted) (internal quotation marks omitted).
- Olson v. Lesch 931 N.W.2d 832 Minn. Ct. App. 2019
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Olson v. Lesch
931 N.W.2d 832
Minn. Ct. App. 2019
Cruz-Guzman , d at 13 ; Zutz v. Nelson , , 62 (Minn. 2010).
- Cruz-Guzman v. State 916 N.W.2d 1 Minn. 2018
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Cruz-Guzman v. State
916 N.W.2d 1
Minn. 2018
Zutz v. Nelson , , 62 (Minn. 2010).
- Sumi Mukherjee v. Lisa Vipperman Minn. Ct. App. 2018
- Sec. Bank & Trust Co. v. Larkin, Hoffman, Daly & Lindgren, Ltd. 916 N.W.2d 491 Minn. 2018
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Sec. Bank & Trust Co. v. Larkin, Hoffman, Daly & Lindgren, Ltd.
916 N.W.2d 491
Minn. 2018
" Burt v. Rackner , Inc. , , 451 (Minn. 2017) (quoting Zutz v. Nelson , , 61 (Minn. 2010) ).
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Hollis J. Larson v. The Minnesota Department of Human Services, et al
Minn. Ct. App. 2018
“[A]bsolute privile ge means that immunity is given even for intentionally false statements, coupled w ith malice, while a qualified or conditional privilege grants immunity only if the privilege is not abused and defamatory statements are publicized in good faith and without malice.” (quotation omitted).
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Minn. 2018
(quoting Bodah v. Lakeville Motor Express, Inc. , ).
- Burt v. Rackner, Inc. 902 N.W.2d 448 Minn. 2017
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Burt v. Rackner, Inc.
902 N.W.2d 448
Minn. 2017
P. 12.03, we “consider only the- facts alleged in, the complaint, accepting those facts as true and drawing all reasonable inferences in favor of the non-moving party.”
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Loren J. Zutz, et al v. John Nelson, et al
Minn. Ct. App. 2017
WL 1752139, at * 1 (Minn. App. June 23, 2009) (Zutz I); -61 (Minn. 2010) (Zutz II); Zutz v. Nelson, No. A14 -0573, 2014 WL 7344058 , at *1-3 (Minn. App. Dec.
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James J. Zych v. Timothy Haugen, et al
Minn. Ct. App. 2017
“[J]udgment on the pleadings is proper where the defendant relies on an affirmative defense or counterclaim which does not raise material issues of fact.” Zutz v. Nelson , (quotation omitted).
- Mark Molitor v. Stephanie Molitor Minn. Ct. App. 2017
- Michael Harlow v. State of Minnesota Department of Human Services, et al Minn. Ct. App. 2016
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Michael Harlow v. State of Minnesota Department of Human Services, et al
Minn. Ct. App. 2016
Like absolute privilege, qualified privilege is “‘based upon a policy that treats the ends to be gained by permitting defamatory statements as outweighing the harm that may be done to the reputation of others.’” -62 (Minn. 2010) (quoting Restatement (Second) of Torts ch. 25, topic 2, tit.
- Jerry Expose, Jr. v. Thad Wilderson & Associates, P.A., Nina Mattson 889 N.W.2d 279 Minn. 2016
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Jerry Expose, Jr. v. Thad Wilderson & Associates, P.A., Nina Mattson
889 N.W.2d 279
Minn. 2016
Although the privilege is intended to encourage “frank testimony by witnesses,” id., it “is not lightly granted and applies only in limited circumstances,”
- Michael Harlow v. State of Minnesota Department of Human Services 883 N.W.2d 561 Minn. 2016
- Michael Harlow v. State of Minnesota Department of Human Services 883 N.W.2d 561 Minn. 2016
- LaVonne Pfeil, Individually and as Trustee for Heirs of Henry Pfeil v. St. Matthews Evangelical Lutheran Church of … 877 N.W.2d 528 Minn. 2016
- Michael Harlow v. State of Minnesota Department of Human Services, et al 862 N.W.2d 704 Minn. Ct. App. 2015
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Michael Harlow v. State of Minnesota Department of Human Services, et al
862 N.W.2d 704
Minn. Ct. App. 2015
As a result, absolute privilege “is not lightly granted and applies only in limited circumstances.”
- Loren J. Zutz, et al v. John Nelson, et al Minn. Ct. App. 2014
- Loren J. Zutz, et al v. John Nelson, et al Minn. Ct. App. 2014
- Sheryl V. Mooers v. City of Lake City, Minnesota, et al., Karen England, individually Minn. Ct. App. 2014
- Patti Walsh, as Trustee for the Heirs and Next of Kin of Dean Patrick Walsh v. Flint Group … Minn. Ct. App. 2014
- Patti Walsh, as Trustee for the Heirs and Next of Kin of Dean Patrick Walsh v. Flint Group … Minn. Ct. App. 2014