Cited by
Opinions in Minnesota that cite DLH, Inc. v. Russ, 566 N.W.2d 60.
- Cargill, Inc. v. Evanston Insurance Co. 642 N.W.2d 80 Minn. Ct. App. 2002
- Cargill, Inc. v. Evanston Insurance Co. 642 N.W.2d 80 Minn. Ct. App. 2002
- Dokman v. County of Hennepin 637 N.W.2d 286 Minn. Ct. App. 2001
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Dokman v. County of Hennepin
637 N.W.2d 286
Minn. Ct. App. 2001
No genuine issue of material fact exists “[Vjhere the record taken as a whole could not lead a rational trier of fact to find for the non-moving party.’ ” DLH, (quoting Matsushita Elec.
- Pine Island Farmers Coop v. Erstad & Riemer, P.A. 636 N.W.2d 604 Minn. Ct. App. 2001
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Pine Island Farmers Coop v. Erstad & Riemer, P.A.
636 N.W.2d 604
Minn. Ct. App. 2001
There are no genuine issues of material facts when the “record taken as a whole could not lead a rational trier of fact to find for the nonmoving party.” (quoting Matsushita Elec.
- Howard v. Minnesota Timberwolves Basketball Ltd. Partnership 636 N.W.2d 551 Minn. Ct. App. 2001
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Howard v. Minnesota Timberwolves Basketball Ltd. Partnership
636 N.W.2d 551
Minn. Ct. App. 2001
[w]here the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no ‘genuine issue for trial.’ DLH, (quoting Matsushita Elec.
- Bondy v. Allen 635 N.W.2d 244 Minn. Ct. App. 2001
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Bondy v. Allen
635 N.W.2d 244
Minn. Ct. App. 2001
The Minnesota Supreme Court has stated, however, that the mere existence of a scintilla of evidence in support of the [nonmoving party’s] position will be insufficient; there must be evidence on which the jury could reasonably find for the [nonmov-ing party], DLH, (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 , 106 S.Ct.
- Gunderson v. Harrington 632 N.W.2d 695 Minn. 2001
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Gunderson v. Harrington
632 N.W.2d 695
Minn. 2001
To raise a genuine issue of material fact, Gunderson must provide more than “evidence which merely creates a metaphysical doubt as to a factual issue and which is not sufficiently probative with respect to an essential element of [her] case to permit reasonable persons to draw different' conclusions.” DLH
- Bebo v. Delander 632 N.W.2d 732 Minn. Ct. App. 2001
- Bebo v. Delander 632 N.W.2d 732 Minn. Ct. App. 2001
- Rollins v. Cardinal Stritch University 626 N.W.2d 464 Minn. Ct. App. 2001
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Rollins v. Cardinal Stritch University
626 N.W.2d 464
Minn. Ct. App. 2001
No genuine issue of material fact exists “[w]here the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party.” DLH, (citation omitted).
- LeVake v. Independent School District 656 625 N.W.2d 502 Minn. Ct. App. 2001
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LeVake v. Independent School District 656
625 N.W.2d 502
Minn. Ct. App. 2001
No *507 genuine issue of material fact exists “[w]here the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party.” (quoting Matsushita Elec.
- Horton v. Township of Helen 624 N.W.2d 591 Minn. Ct. App. 2001
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Horton v. Township of Helen
624 N.W.2d 591
Minn. Ct. App. 2001
No genuine issue of material fact exists “[w]here the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party.” (quotation omitted).
- In Re Estate of Cole 621 N.W.2d 816 Minn. Ct. App. 2001
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In Re Estate of Cole
621 N.W.2d 816
Minn. Ct. App. 2001
Cf. DLH, (stating there is no issue of material fact if the nonmoving party “presents evidence which merely creates a metaphysical doubt as to a factual issue”).
- American Tower, L.P. v. City of Grant 621 N.W.2d 37 Minn. Ct. App. 2000
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American Tower, L.P. v. City of Grant
621 N.W.2d 37
Minn. Ct. App. 2000
No genuine issue of material fact exists “ ‘[wjhere the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party.’ ” DLH, (quoting Matsushita Elec.
- Buck v. Freeman 619 N.W.2d 793 Minn. Ct. App. 2000
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Buck v. Freeman
619 N.W.2d 793
Minn. Ct. App. 2000
But, "the party resisting summary judgment must do more than rest on mere averments.”
- Gunderson v. Harrington 619 N.W.2d 760 Minn. Ct. App. 2000
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Gunderson v. Harrington
619 N.W.2d 760
Minn. Ct. App. 2000
[A] moving party is entitled to summary judgment when “there are no facts in the record giving rise to a genuine issue for trial as to the existence of an essential element of the nonmoving party’s case.” DLH, (quoting Nicollet Restoration, Inc. v. City of St.
- Sentinel Management Co. v. Aetna Casualty & Surety Co. 615 N.W.2d 819 Minn. 2000
- Sentinel Management Co. v. Aetna Casualty & Surety Co. 615 N.W.2d 819 Minn. 2000
- Zurich Reinsurance (UK) Ltd. v. Canadian Pacific Ltd. 613 N.W.2d 760 Minn. Ct. App. 2000
- Zurich Reinsurance (UK) Ltd. v. Canadian Pacific Ltd. 613 N.W.2d 760 Minn. Ct. App. 2000
- Care Institute, Inc.-Roseville v. County of Ramsey 612 N.W.2d 443 Minn. 2000
- Care Institute, Inc.-Roseville v. County of Ramsey 612 N.W.2d 443 Minn. 2000
- City of Mahtomedi v. One 1995 Chevrolet Blazer, Vin: 1GNCT18W9S2124110 609 N.W.2d 913 Minn. Ct. App. 2000
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City of Mahtomedi v. One 1995 Chevrolet Blazer, Vin: 1GNCT18W9S2124110
609 N.W.2d 913
Minn. Ct. App. 2000
Conversion is “an act of willful interference with personal property, ‘done without lawful justification by which any person entitled thereto is deprived of use and possession.’ ” DLH
- Brookfield Trade Center, Inc. v. County of Ramsey 609 N.W.2d 868 Minn. 2000
- Brookfield Trade Center, Inc. v. County of Ramsey 609 N.W.2d 868 Minn. 2000
- Kuelbs v. Williams 609 N.W.2d 10 Minn. Ct. App. 2000
- Kuelbs v. Williams 609 N.W.2d 10 Minn. Ct. App. 2000
- Smith v. Woodwind Homes, Inc. 605 N.W.2d 418 Minn. Ct. App. 2000
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Smith v. Woodwind Homes, Inc.
605 N.W.2d 418
Minn. Ct. App. 2000
See DLH, (holding on a motion for summary judgment, the court may not make factual findings that require it to weigh the evidence).
- Gresser v. Hotzler 604 N.W.2d 379 Minn. Ct. App. 2000
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Gresser v. Hotzler
604 N.W.2d 379
Minn. Ct. App. 2000
DLH, (quoting Matsushita Elec.
- Halla v. Norwest Bank Minnesota, N.A. 601 N.W.2d 449 Minn. Ct. App. 1999
- Halla v. Norwest Bank Minnesota, N.A. 601 N.W.2d 449 Minn. Ct. App. 1999
- Haile v. Sutherland 598 N.W.2d 424 Minn. Ct. App. 1999
- Haile v. Sutherland 598 N.W.2d 424 Minn. Ct. App. 1999
- Fahrendorff Ex Rel. Fahrendorff v. North Homes, Inc. 597 N.W.2d 905 Minn. 1999
- Wayne v. MasterShield, Inc. 597 N.W.2d 917 Minn. Ct. App. 1999