Cited by
Opinions in Minnesota that cite Rehn v. Fischley, 557 N.W.2d 328.
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Rebecca A. Niebuhr v. Jacob Sieberg, Timothy Sieberg
Minn. 2026
See Immunity, Black’s Law Dictionary (12th ed. 2024) (defining immunity as “[a]n exemption from a duty, liability, service of process, or possibility of prosecution” which is “often granted to public officials and government units,” and providing examples of immunity derived from the Constitution, statute, and common law); see also, (“The traditional basis for immunity is that though the defendant might be a wrongdoer, social 17 values of great importance required that the defendant escape liabi
- Richard Joseph Terfehr v. Buffalo-Red River Watershed District, Wilkin ... Minn. Ct. App. 2026
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Richard Joseph Terfehr v. Buffalo-Red River Watershed District, Wilkin ...
Minn. Ct. App. 2026
The party arguing for immunity “bears the burden of proving [it] fits within the scope of the immunity.”
- Julianne E. Micken, Respondent, Minn. Ct. App. 2025
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Don Magnuson, Appellant,
Minn. Ct. App. 2025
Immunities are based on the “special status of a defendant” and the principle that “though the defendant might be a wrongdoer, social values of great importance required that the defendant escape liability.” (quotation omitted).
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Denise Jean Thordson, petitioner, Respondent,
Minn. Ct. App. 2024
See, d 328, 333 (Minn. 1997) (stating that when reviewing “mixed questions of law and fact” appellate courts “correct erroneous applications of law, but accord the trial court discretion in its ultimate conclusions and review such conclusions under an abuse of discretion standard”); O’Donnell v. O’Donnell
- Christine L. Rathbun v. Fillmore County Minn. Ct. App. 2024
- Christine L. Rathbun v. Fillmore County Minn. Ct. App. 2024
- Shane Feldhaus v. City of Minnetonka Minn. Ct. App. 2024
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Shane Feldhaus v. City of Minnetonka
Minn. Ct. App. 2024
“[A] defendant relying upon an immunity bears the burden of proving [they fit] within the scope of the immunity.”
- Alexander Aguilar, Respondent, Minn. Ct. App. 2023
- James Zika, Appellant, Minn. Ct. App. 2022
- Robert C. Tengdin, Trustee of the Robert C. Tengdin Revocable Trust dated May 18, 2009, Respondent, Minn. Ct. App. 2022
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Lacey C. Washington, Respondent,
Minn. Ct. App. 2021
d 328, 333 (Minn. 1997).
- Cody Lee Elven, Respondent, Minn. Ct. App. 2021
- Devon T. Hogan, et al., Appellants, Minn. Ct. App. 2021
- Andrew Ellis, et al., Respondents, Minn. Ct. App. 2021
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Steven Dahl, Respondent,
Minn. Ct. App. 2020
Immunities are based on the “special status of a defendant” and the principle that “though the defendant might be a wrongdoer, social values of great importance required that the defendant escape liability.” (quotation omitted).
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Pohocogo, LLC, Appellant,
Minn. Ct. App. 2019
When reviewing mixed questions of law and fact, this court will correct “erroneous applications of law, but accord the [district] court discretion in its ultimate conclusions and review such 8 conclusions under an abuse of discretion standard.”
- Dorene Larson, as Trustee for the heirs of Megan Marie Lehner, Appellant, Minn. Ct. App. 2019
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Timothy J. Keane, Appellant,
Minn. Ct. App. 2019
Keane also argues that whether absolute privilege is “conclusively established” on the face of his complaint is a new issue that respondents did not argue in the district court.
- Jason Hoff v. Earl Surman 883 N.W.2d 631 Minn. Ct. App. 2016
- Jason Hoff v. Earl Surman 883 N.W.2d 631 Minn. Ct. App. 2016
- Barbara Kuntz v. Minneapolis Park and Recreation Board Minn. Ct. App. 2015
- Barbara Kuntz v. Minneapolis Park and Recreation Board Minn. Ct. App. 2015
- Paul J. Krause v. City of Elk River Minn. Ct. App. 2015
- Paul J. Krause v. City of Elk River Minn. Ct. App. 2015
- Lisa Miller v. Dan Marosok, Forest Lake Area High School d/b/a Independent School District 831 Minn. Ct. App. 2015
- Lisa Miller v. Dan Marosok, Forest Lake Area High School d/b/a Independent School District 831 Minn. Ct. App. 2015
- Nicole M. Spargur v. Freeborn County Minn. Ct. App. 2014
- Nicole M. Spargur v. Freeborn County Minn. Ct. App. 2014
- Juan Edward Shariss v. City of Bloomington 852 N.W.2d 278 Minn. Ct. App. 2014
- Juan Edward Shariss v. City of Bloomington 852 N.W.2d 278 Minn. Ct. App. 2014
- Medical Staff of Avera Marshall Regional Medical Center v. Avera Marshall 836 N.W.2d 549 Minn. Ct. App. 2013
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Medical Staff of Avera Marshall Regional Medical Center v. Avera Marshall
836 N.W.2d 549
Minn. Ct. App. 2013
However, which noted that a nonprofit board derives its authority from the state via statute or from the corporation via its coiporate bylaws.
- In re the Welfare of J.R.B. 805 N.W.2d 895 Minn. Ct. App. 2011
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In re the Welfare of J.R.B.
805 N.W.2d 895
Minn. Ct. App. 2011
court’s decision to dismiss the motion for an abuse of discretion”); (citing Maxfield for the idea that "[b]ecause the district court's determination of what is in the conservatee's best interests is an ultimate issue deduced from other facts in the record, we review that determination for an abuse of discretion”); (noting, when reviewing the applicability of immunity, that "the trial court’s determination necessarily will include mixed questions of law and fact” and citing Maxfield for the idea
- J.E.B. v. Danks 785 N.W.2d 741 Minn. 2010
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J.E.B. v. Danks
785 N.W.2d 741
Minn. 2010
(setting forth the general rule that the burden to establish the factual basis for immunity rests with the person invoking immunity).
- Graff v. ROBERT M. SWENDRA AGENCY, INC. 776 N.W.2d 744 Minn. Ct. App. 2009
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Graff v. ROBERT M. SWENDRA AGENCY, INC.
776 N.W.2d 744
Minn. Ct. App. 2009
“When reviewing mixed questions of law and fact, ‘we will correct erroneous applications of law, but accord the [district] court discretion in its ultimate conclusions and review such conclusions under an abuse of discretion standard.’ ” Langford Tool & Drill Co. v. Phenix Biocomposites, LLC, ().
- Pigs R US, LLC v. Compton Township 770 N.W.2d 212 Minn. Ct. App. 2009
- Pigs R US, LLC v. Compton Township 770 N.W.2d 212 Minn. Ct. App. 2009
- Oberloh v. Johnson 768 N.W.2d 373 Minn. Ct. App. 2009
- Oberloh v. Johnson 768 N.W.2d 373 Minn. Ct. App. 2009
- JW Ex Rel. BRW v. 287 INTER. DIST. 761 N.W.2d 896 Minn. Ct. App. 2009
- J.W. ex rel. B.R.W. v. 287 Intermediate District 761 N.W.2d 896 Minn. Ct. App. 2009
- JW Ex Rel. BRW v. 287 INTER. DIST. 761 N.W.2d 896 Minn. Ct. App. 2009
- J.W. ex rel. B.R.W. v. 287 Intermediate District 761 N.W.2d 896 Minn. Ct. App. 2009
- In Re the Welfare of the Children of R.M.B. 735 N.W.2d 348 Minn. Ct. App. 2007