Cited by
Opinions in Minnesota that cite Imperial Premium Finance, Inc. v. GK Cab Co., 603 N.W.2d 853.
-
Christopher Villella, Appellant,
Minn. Ct. App. 2024
However, a “strong showing on the other factors may offset relative weakness on one factor.” Imperial Premium Fin.
- Les Grumdahl Window & Siding LLC, A Minnesota Limited Liability Company v. Holly Brown, ... Minn. Ct. App. 2024
-
Les Grumdahl Window & Siding LLC, A Minnesota Limited Liability Company v. Holly Brown, ...
Minn. Ct. App. 2024
Although all four factors must be satisfied, -20 (Minn. 2016), “[a] strong showing on the other factors may offset a relative weakness on one factor[,]” Imperial Premium Fin.
- Colby Lake Fourth Association, Appellant, Minn. Ct. App. 2023
-
In re the Matter of: David Allen Engh, petitioner, Respondent,
Minn. Ct. App. 2019
While all four of the factors must be satisfied, Gams, d at 619 -20, “[a] strong showing on the other factors may offset relative weakness on one factor[,]” Imperial Premium Fin.
- Cornell v. Ripka 897 N.W.2d 801 Minn. Ct. App. 2017
-
Cornell v. Ripka
897 N.W.2d 801
Minn. Ct. App. 2017
See, e.g., Imperial Premium Fin., (finding prejudice where an important witness died); (finding no substantial prejudice where the outcome had not- been substantially affected and witnesses were not unavailable).
- Susan Dianna Orr v. Rebecca Kay Britten Minn. Ct. App. 2017
-
Susan Dianna Orr v. Rebecca Kay Britten
Minn. Ct. App. 2017
(quoting Imperial Premium Finance, ).
- S. Robideau Construction, Inc. v. John E. Hiber, Wells Fargo Bank, N.A. Minn. Ct. App. 2016
-
S. Robideau Construction, Inc. v. John E. Hiber, Wells Fargo Bank, N.A.
Minn. Ct. App. 2016
A party seeking relief under rule 60.02 “bears the burden of proving all four of the [Finden factors], including lack of prejudice,” but “[a] strong showing on the other factors may offset relative weakness on one factor.” Imperial Premium Finance
- Unifund CCR, LLC, as assignee of Pilot Receivables Management, LLC v. Jeffrey A. Carney Minn. Ct. App. 2016
-
Unifund CCR, LLC, as assignee of Pilot Receivables Management, LLC v. Jeffrey A. Carney
Minn. Ct. App. 2016
See Imperial Premium Fin., (noting that “a strong showing on three factors may offset relative weakness on one factor” but reasoning that movant “failed to satisfy two factors” and concluding that district court abused its discretion in vacating default judgment against movant).
- Alan B. Fish, P. A. v. Scott Janson Minn. Ct. App. 2016
- Hope Amundsen v. Great Glory Auto, Inc., Kehnny Alabi Minn. Ct. App. 2016
-
Hope Amundsen v. Great Glory Auto, Inc., Kehnny Alabi
Minn. Ct. App. 2016
“Default judgments are to be liberally reopened to promote resolution of cases on the merits.” Imperial Premium Fin., (quotation omitted).
-
Alan B. Fish, P. A. v. Scott Janson
Minn. Ct. App. 2016
Cf. Imperial Premium Fin., (noting that “a strong showing on three factors may offset relative weakness on one factor” but reasoning that movant “failed to satisfy two factors” and concluding that district court abused its discretion in vacating default judgment against movant).
- Rebecca J. Adams, John Crudele v. James Koch, Steve Hyland, Erik Ostigaard, Greg Bohnsack Minn. Ct. App. 2016
-
Rebecca J. Adams, John Crudele v. James Koch, Steve Hyland, Erik Ostigaard, Greg Bohnsack
Minn. Ct. App. 2016
Imperial Premium Fin., ().
- Capital One Bank USA, NA v. Gbenga J. Ekinnola Minn. Ct. App. 2016
-
Capital One Bank USA, NA v. Gbenga J. Ekinnola
Minn. Ct. App. 2016
Further, a defendant who challenges an affidavit of service 4 “must overcome it by clear and convincing evidence.” Imperial Premium Fin.
- Joseph Molesky v. John L. Trebesch, Sheila P. Sabas Minn. Ct. App. 2016
- Joseph Molesky v. John L. Trebesch, Sheila P. Sabas Minn. Ct. App. 2016
- Pearlene Willis v. Larkins Construction, LLC Minn. Ct. App. 2015
-
Pearlene Willis v. Larkins Construction, LLC
Minn. Ct. App. 2015
All four elements must be proved, although a “strong showing on the other factors may offset relative weakness on one factor.” Imperial Premium Fin.
- Palladium Holdings, LLC v. Zuni Mortgage Loan Trust 2006-OA1 775 N.W.2d 168 Minn. Ct. App. 2009
- Palladium Holdings, LLC v. Zuni Mortgage Loan Trust 2006-OA1 775 N.W.2d 168 Minn. Ct. App. 2009
- Black v. Rimmer 700 N.W.2d 521 Minn. Ct. App. 2005
-
Black v. Rimmer
700 N.W.2d 521
Minn. Ct. App. 2005
But a “strong showing on the other factors may offset relative weakness on one factor.” Imperial Premium Fin.
- WDSI, INC. v. County of Steele 672 N.W.2d 617 Minn. Ct. App. 2003
-
WDSI, INC. v. County of Steele
672 N.W.2d 617
Minn. Ct. App. 2003
Imperial Premium Fin., Inc., v. GK Cab Co., -60 (Minn.App.2000).
- American States Insurance Co. v. Ankrum 651 N.W.2d 513 Minn. Ct. App. 2002
-
Distinguished
American States Insurance Co. v. Ankrum
651 N.W.2d 513
Minn. Ct. App. 2002
ASI cites Imperial Premium Finance, to support its position on prejudice.