Cited by
Opinions in Minnesota that cite Frazier v. Burlington Northern Santa Fe Corp., 811 N.W.2d 618.
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Erica Robinson v. Sheraton Minneapolis West
Minn. Ct. App. 2026
To determine whether a 12 district court plainly erred in a jury instruction, an appellate court seeks to determine whether “(1) there is an error, (2) that is plain, and (3) that affects a party’s substantial rights.” (considering whether district court plainly erred in instructing jury on negligence).
- Hope Larsen v. Erin Lee Mullen and d/b/a Running LL’s Ranch Minn. Ct. App. 2026
- Hope Larsen v. Erin Lee Mullen and d/b/a Running LL’s Ranch Minn. Ct. App. 2026
- Minnesota Nurses Association v. McLeod County, Public Employment Relations Board Minn. Ct. App. 2026
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Minnesota Nurses Association v. McLeod County, Public Employment Relations Board
Minn. Ct. App. 2026
-29 (Minn. 2012) (addressing an issue raised for the first time on appeal to avoid remand “[i]n the interest of judicial economy”).
- In the Matter of: Marineisy Jimenez Rosario v. Robert Eliazar Villanueva Minn. Ct. App. 2025
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In the Matter of: Natalie Storm Pettit AND obo Minor Children v. Jeremy Pettit
Minn. Ct. App. 2025
To warrant relief, the newly discovered evidence “must not be merely collateral, impeaching, or cumulative, but rather, must be 4 such as to have a probable effect upon the result of a new trial.” aff’d as modified (Apr.
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Doris Evanson, et al v. Heidi Bealka, et al., Donald Evanson, and Doris Evanson, et al., vs. Donald …
Minn. Ct. App. 2025
Because the jury had already been instructed to consider only the evidence in the case, which we presume it followed, Frazier v. Burlington N. Santa Fe Corp. , we are not persuaded that the district court abused its discretion by declining to repeat that instruction.
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Larry Walters, et al v. Kyle Stromstad, et al
Minn. Ct. App. 2025
Frazier v. Burlington N. Santa Fe 14 Corp.
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In re the Marriage of: Melissa Sydney Reed Lesch v. John Patrick Lesch
Minn. Ct. App. 2025
To justify a new trial, the newly discovered evidence cannot “be merely collateral, impeaching, or cumulative, but rather, must be such as to have a probable effect upon the result of a new trial.”
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Tal Sarusi individually and d/b/a Sealed Envelope LLC, et al v. Todd Laughlin individually and d/b/a LB Spray …
Minn. Ct. App. 2024
“We presume that juries follow the instructions they are given.”
- Demo Unlimited Incorporated, et al v. Ross Peterson Minn. Ct. App. 2024
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Ednika Dabney v. Douglas Van Vreede
Minn. Ct. App. 2024
(d 618, 626-27 (Minn. 2012)).
- Jeffrey D. Kuhn v. Richard G. Dunn 8 N.W.3d 633 Minn. 2024
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Jeffrey D. Kuhn v. Richard G. Dunn
8 N.W.3d 633
Minn. 2024
App. P. 103.04 (stating that appellate courts have discretion to take action that “the interest of justice may require”); see also, d 618, 628–29 (Minn. 2012) (addressing a question not reached by the court of appeals in the interests of judicial economy).
- Alvin Glay, trustee for the next of kin of Unity McGill v. R.C. of St. Cloud, Inc. Minn. Ct. App. 2024
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Alvin Glay, trustee for the next of kin of Unity McGill v. R.C. of St. Cloud, Inc.
Minn. Ct. App. 2024
(considering whether relief could be granted after an invited error at all, even under a theory of plain error); see also Minn. R. Civ.
- In re the Matter of: Jimmy Rosas, OBO Minor Child v. Soledad Sanchez Minn. Ct. App. 2024
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In re the Matter of: Jimmy Rosas, OBO Minor Child v. Soledad Sanchez
Minn. Ct. App. 2024
First, “the moving party must show that the new evidence was not discovered until after [the hearing], and could not have been discovered before [the hearing] by the exercise of reasonable diligence.” (quotation omitted).
- Tina Marie Lund, as conservator of the Honorable Fred Karasov v. Calhoun Orange, Inc. d/b/a Orange Theory Fitness … Minn. Ct. App. 2023
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Tina Marie Lund, as conservator of the Honorable Fred Karasov v. Calhoun Orange, Inc. d/b/a Orange Theory Fitness …
Minn. Ct. App. 2023
The district court’s jury instructions accurately reflected the legal standard, and we presume “juries follow the instructions they are given.”
- Acuity, A Mutual Insurance Company v. Kraus-Anderson Construction Company, vs. Borton Construction, Inc. Minn. Ct. App. 2023
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Paul Herlache,
Minn. 2023
–29 (Minn. 2012) (addressing in the interest of judicial economy issues not reached by the court of appeals).
- Anthony Kelley v. The Bernick’s Company, et al Minn. Ct. App. 2023
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State of Minnesota,
Minn. 2022
We presume that a jury follows the instructions it is given, and Bey has 11 presented no evidence to suggest otherwise.
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Court of Appeals Chutich, J. Dissenting, Hudson, J. Rebecca Ellen Bender, Gildea, C.J., Anderson, J. Respondent
Minn. 2022
11 To warrant relief under section 518.145, subdivision 2(2) and rule 60.02(b), Minnesota courts hold that (1) newly discovered evidence must not have been discoverable before the relevant proceeding “by the exercise of reasonable diligence ,” Frazier v. Burlington Northern Santa Fe Corp. , (internal quotation omitted); (2) the “evidence must be relevant and admissible ,” id.; and (3) the evidence must not be “cumulative, contradictory, or impeaching,” but “must be such as will likely a ffect th
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In the Matter of the Civil Commitment of: Jesse Nikolas Rowland
Minn. Ct. App. 2021
To obtain relief based on newly discovered evidence, the moving party must show “that the new evidence was not discovered until after trial, and could not have been discovered before trial by the exercise of reasonable diligence.” Frazier v. Burlington N. Santa Fe Corp. , (quotation omitted).
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Raymond Kvalvog, et al v. Josh Lee, et al., Secura Insurance
Minn. Ct. App. 2021
P. 51.04(b); as modified (Apr.
- Capacity Wireless, LLC v. Board of Regents of the University of Minnesota Minn. Ct. App. 2021
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Minn. 2021
See Frazier v. Burlington N. Santa Fe Corp. , –29 (Minn. 2012).
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Megan Ashley Spindler v. Donald Lee Westman
Minn. Ct. App. 2021
The jury was therefore instructed by the court on multiple occasions to return a verdict based not on the attorneys’ statements but on the evidence at trial, and appellate courts “presume that juries follow the instructions they are given.” Frazier v. Burlington N. Santa Fe Corp.
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Christina Ginther v. Enzuri Group, LLC, et al. on Related Appeal, Independent Women’s Football League on Related Appeal
Minn. Ct. App. 2020
12 Santa Fe Corp., (“We presume that juries follow the instructions they are given.”).
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Big-D Construction Midwest, LLC v. JL Schwieters Construction, Inc., vs. Chicago Flameproof & Wood Specialties Corp.
Minn. Ct. App. 2020
Ass’n, (citing Frazier v. Burlington N. Santa Fe Corp ., ) , aff’d
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Meagan Abel,
Minn. 2020
–29 (Minn. 2012) (addressing three separate grounds not reached by the court of appeals because “the relevant questions have been briefed by the parties and the r ecord is sufficient for us to decide the remaining issues”); see also Hoffman v. N. States Power Co. , (addressing a
- County of Hennepin v. Tamara J. Laechelt, Citimortgage, Inc., et al. Below Minn. Ct. App. 2019
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State of Minnesota v. Bradly James Haddock
Minn. Ct. App. 2019
An error does not affect the fairness and integrity of judicial proceedings if a reversal “would allow a party to choose to try a case on one theory while holding a second theory in reserve for a possible appeal” because such action “would adversely impact the integrity of the judicial proceedings.” See Frazier v. Burlington N. Santa Fe Corp. , -28 ( Minn. 2012) (applying the Griller criminal plain-error test in a civil case).
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In re the Marriage of: Greta Mae Markuson, n/k/a Greta Mae Garcia v. Brenden Peter Markuson
Minn. Ct. App. 2019
(refusing to preclude argument under the invited-error doctrine because the error implicated the court’s subject- matter jurisdiction); (opining that arguments concerning plain error might not be forfeited under the invited-error doctrine).
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Greg Peterson v. City of Richfield
Minn. Ct. App. 2019
This court will not reverse a district court’s denial of a new-trial motion absent a “clear abuse of discretion.”
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Kenneth Wayne Carlson v. Commissioner of Public Safety
Minn. Ct. App. 2019
r rule 60.02(b), the moving party must show that the new evidence (1) was not discov ered until after trial; (2) could not have been discovered before trial by exercising due diligence; (3) is relevant and admissible and; (4) is not merely collateral, impeaching, o r cumulative but rather would have “a probable effect upon the result of a new trial.”
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W. J. A v. Patricia C. Johnson, as the Personal Representative of the Estate of Terry M. Johnson, …
Minn. Ct. App. 2019
d 618, 625 (Minn. 2012).
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Glen M. Palecek, et al v. Rushford-Peterson, Independent School District No. 239, third party plaintiff, Moonyeen Claire Holle, …
Minn. Ct. App. 2018
A party challenging posttrial decisions must demonstrate clear abuse of discretion in denying amended findings , Zander v. State , 703 N .W.2d 845, 857 (Minn. App. 2005), or in denying a new trial
- Justin D. Meyer (A17-1331), Justin D. Meyer, et al. (A17-1345) v. Fairview Health Services d/b/a Fairview Lakes Regional … Minn. Ct. App. 2018
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Heather Jones v. Hennepin County
Minn. Ct. App. 2018
We will not reverse a district court’s denial of a new-trial motion absent a “clear abuse of discretion.”
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In re the Guardianship and Conservatorship of: Helen Vikla, Conservatee
Minn. Ct. App. 2018
Frazier v. Burlington N. Santa Fe Corp.
- Anthony Patrick Huber v. Jason R. Vohnoutka, et al., Darlene Heimerl, et al Minn. Ct. App. 2017
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State of Minnesota v. Jeffery Lee Oliver
Minn. Ct. App. 2017
The supreme court has explained that an error does not affect the fairness and integrity of judicial proceedings if a reversal “would allow a party to choose to try a case on one theory while holding a second theory in reserve for a possible appeal ,” noting that such action “would adversely impact the integrity of the judicial proceedings .” -28 (Minn. 2012) (applying the Griller criminal plain-error test in a civil case).
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Hearing Associates, Inc. v. Dr. Sara Downs, et al
Minn. Ct. App. 2017
P. 51.04 (b) (explaining that a court may review for plain error when the objection to jury instructions has not been properly preserved); (stating that when party fails to object to jury instructions this court may review only 14 for plain error) .
- Maria F. Olson, et al v. James Scott Kent, et al. Defendants, Peoples National Bank of Mora Minn. Ct. App. 2016
- State of Minnesota v. Joshua Williams Wermers Minn. Ct. App. 2016
- Maria F. Olson, et al v. James Scott Kent, et al. Defendants, Peoples National Bank of Mora Minn. Ct. App. 2016