Cited by
Opinions in Minnesota that cite L & H AIRCO, INC. v. Rapistan Corp., 446 N.W.2d 372.
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Maria Olson, et al., Appellants,
Minn. Ct. App. 2024
The Minnesota Rules of Professional Conduct “are intended to discipline attorneys, not provide a basis for civil liability.” L & H Airco
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Patrice V. Nerad, Appellant,
Minn. Ct. App. 2023
And even if Magnus and the law firm had an affirmative duty to disclose his drug use under the rules of professional conduct, which is not an issue before this court, “[a] violation of the Rules of Professional 13 Conduct cannot give rise to a private action against an attorney.” L & H Airco
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Steven Lee Mittelstaedt, et al., Appellants,
Minn. Ct. App. 2023
See L & H Airco, (advising that the rules “are intended to discipline attorneys, not provide a basis for civil liability”).
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William Salgat, Appellant,
Minn. Ct. App. 2023
L & H Airco, Inc. v. Rapistan Corp. , (“Arbitrators have long enjoyed immunity from civil suit.”); Melady v. S. St.
- Warren v. Dinter 926 N.W.2d 370 Minn. 2019
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Steve Dupuis, Appellant,
Minn. Ct. App. 2018
“The general rule is that one party to a transaction has no duty to disclose material facts to the other.” L & H. Airco, (quotation omitted).
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Regents of the University of Minnesota, Appellant,
Minn. Ct. App. 2017
See, e.g., L & H Airco, (citing the exception but rejecting it in favor of consideration of a lawyer’s ethical duty); Klein v. First Edina Nat’l Bank, 293 Minn. 418, 422, (citing the exception but rejecting it and considering a duty based on the confidential and fiduciary relationship between
- Rochester City Lines Co. v. City of Rochester 897 N.W.2d 792 Minn. Ct. App. 2017
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Rochester City Lines Co. v. City of Rochester
897 N.W.2d 792
Minn. Ct. App. 2017
he be entirely free from bias in fact, if circumstances have arisen which give a bona fide appearance of bias to litigants”); L & H Airco, (“An impression of bias contaminates the decision making process when neutrality .is essential and is not condoned by this court.”); (Popovich, C.J., concurring specially) (“We have encouraged administrative bodies ...
- Graphic Communications Local 1B Health & Welfare Fund "A", Respondents/Cross-Appellants v. CVS Caremark Corporation, Appellants/Cross-Respondents, Coborn's Incorporated, Appellant/Cross-Respondent, … 850 N.W.2d 682 Minn. 2014
- Distinguished Graphic Communications Local 1B Health & Welfare Fund "A", Respondents/Cross-Appellants v. CVS Caremark Corporation, Appellants/Cross-Respondents, Coborn's Incorporated, Appellant/Cross-Respondent, … 850 N.W.2d 682 Minn. 2014
- Vangelder v. Johnson 827 N.W.2d 430 Minn. Ct. App. 2012
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Vangelder v. Johnson
827 N.W.2d 430
Minn. Ct. App. 2012
4, 1991) (therapist); L & H Airco, -77 (Minn.1989) (arbitrator).
- Williams v. Smith 820 N.W.2d 807 Minn. 2012
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Williams v. Smith
820 N.W.2d 807
Minn. 2012
See Caritas Family Servs., d at 287 ; see also L & H Airco, (“An analysis of whether or not a duty of care is owed to a particular plaintiff begs the essential question — whether the plaintiffs interests are entitled to legal protection against the defendant’s conduct.
- In re Disciplinary Action Against Montez 812 N.W.2d 58 Minn. 2012
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In re Disciplinary Action Against Montez
812 N.W.2d 58
Minn. 2012
See L & H Airco, (concluding that even though the attorney owed an ethical duty to disclose information to a tribunal, his failure to disclose was not actionable fraud upon which his client’s adversaries could sue).
- Jane Doe 43C v. Diocese of New Ulm 787 N.W.2d 680 Minn. Ct. App. 2010
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Jane Doe 43C v. Diocese of New Ulm
787 N.W.2d 680
Minn. Ct. App. 2010
making a representation about Roney that was false.” Yet, appellants urge us to ignore the nondisclosure that underlies the alleged misrepresentation, in their attempt to avoid the rule that “[nondisclosure does not constitute fraud absent a legal or equitable obligation to communicate facts to a particular person [who is] is entitled to the information.” L & H Airco, (quotation omitted).
- Driscoll v. STANDARD HARDWARE, INC. 785 N.W.2d 805 Minn. Ct. App. 2010
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Driscoll v. STANDARD HARDWARE, INC.
785 N.W.2d 805
Minn. Ct. App. 2010
The Minnesota Supreme Court “ha[s] rarely addressed that particular theory of fraud.” L & H Airco
- Peterka v. Dennis 764 N.W.2d 829 Minn. 2009
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Peterka v. Dennis
764 N.W.2d 829
Minn. 2009
806, 807 (1919); see also L & H Airco, *835 (denying immunity to arbitrator would “chill the willingness of arbitrators to serve”); Stewart, 53 Minn. at 67 , 54 N.W.
- Thomas B. Olson & Associates, P.A. v. Leffert, Jay & Polglaze, P.A. 756 N.W.2d 907 Minn. Ct. App. 2008
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Thomas B. Olson & Associates, P.A. v. Leffert, Jay & Polglaze, P.A.
756 N.W.2d 907
Minn. Ct. App. 2008
L & H Airco, -79 (Minn.1989) (holding that attorney did not have duty to non-clients to investigate arbitrator’s impartiality because of duty to “zealously represent [his] client and resolve all doubts in favor of the client”); -6 (Minn.1981) (holding that attorney who drafted deed conveying
- McIntosh County Bank v. Dorsey & Whitney, LLP 745 N.W.2d 538 Minn. 2008
- McIntosh County Bank v. Dorsey & Whitney, LLP 745 N.W.2d 538 Minn. 2008
- Hoyt Properties, Inc. v. Production Resource Group, L.L.C. 716 N.W.2d 366 Minn. Ct. App. 2006
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Hoyt Properties, Inc. v. Production Resource Group, L.L.C.
716 N.W.2d 366
Minn. Ct. App. 2006
may be liable for fraud.” L & H Airco
- Lennartson v. Anoka-Hennepin Independent School District No. 11 662 N.W.2d 125 Minn. 2003
- Heidbreder v. Carton 645 N.W.2d 355 Minn. 2002
- Heidbreder v. Carton 645 N.W.2d 355 Minn. 2002
- Berreman v. West Publishing Co. 615 N.W.2d 362 Minn. Ct. App. 2000
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Berreman v. West Publishing Co.
615 N.W.2d 362
Minn. Ct. App. 2000
See L & H Airco, (recognizing that nondisclosure amounts to fraud only if legal obligation to communicate exists).
- Witzman v. Lehrman, Lehrman & Flom 601 N.W.2d 179 Minn. 1999
- Witzman v. Lehrman, Lehrman & Flom 601 N.W.2d 179 Minn. 1999
- Aaron v. Illinois Farmers Insurance Group 590 N.W.2d 667 Minn. Ct. App. 1999
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Aaron v. Illinois Farmers Insurance Group
590 N.W.2d 667
Minn. Ct. App. 1999
Pirsig, d at 344 ; see, e.g., L & H Airco, (impression of bias arising from one arbitrator’s prior business relationship with one of the parties).
- Special Force Ministries v. WCCO Television 584 N.W.2d 789 Minn. Ct. App. 1998
- Special Force Ministries v. WCCO Television 584 N.W.2d 789 Minn. Ct. App. 1998
- Smith v. Brutger Companies 569 N.W.2d 408 Minn. 1997
- Christensen v. Eggen 562 N.W.2d 806 Minn. Ct. App. 1997
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Christensen v. Eggen
562 N.W.2d 806
Minn. Ct. App. 1997
See L & H Airco, (holding professional rules do not provide basis for civil liability).
- Safeco Insurance Co. of America v. Dain Bosworth Inc. 531 N.W.2d 867 Minn. Ct. App. 1995
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Safeco Insurance Co. of America v. Dain Bosworth Inc.
531 N.W.2d 867
Minn. Ct. App. 1995
Id.; accord L & H Airco, , 378 n. 2 (Minn.1989).
- CPJ Enterprises, Inc. v. Gernander 521 N.W.2d 622 Minn. Ct. App. 1994
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CPJ Enterprises, Inc. v. Gernander
521 N.W.2d 622
Minn. Ct. App. 1994
(lawyer must act with commitment and dedication to *625 client’s interests and with zeal in advocating upon client’s behalf); see also L & H Airco, -79 (Minn.1989) (if attorney owed duty to client’s adversary, this duty necessarily would conflict with duties of zealous representation and loyalty owed to client; therefore party cannot sue adversary’s lawyer for negligence).
- Pirsig v. Pleasant Mound Mutual Fire Insurance Co. 512 N.W.2d 342 Minn. Ct. App. 1994
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Pirsig v. Pleasant Mound Mutual Fire Insurance Co.
512 N.W.2d 342
Minn. Ct. App. 1994
at 340; see also L & H Airco, rehearing denied (Minn. Nov.
- M.H. v. Caritas Family Services 488 N.W.2d 282 Minn. 1992