Cited by
Opinions in Minnesota that cite DLH, Inc. v. Russ, 566 N.W.2d 60.
- ROA Rochester v. City of Byron Minn. Ct. App. 2024
- ROA Rochester v. City of Byron Minn. Ct. App. 2024
- David Bissen v. City of Crystal, JUFH Enterprises LLC Minn. Ct. App. 2024
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David Bissen v. City of Crystal, JUFH Enterprises LLC
Minn. Ct. App. 2024
There is no genuine issue of material fact when “the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party.” DLH, (quotation omitted).
- Progressive Preferred Insurance Company v. Aries Williams Minn. Ct. App. 2024
- Progressive Preferred Insurance Company v. Aries Williams Minn. Ct. App. 2024
- Jane Doe v. Gavin Patrick Meany, Marie Olseth MD LLC d/b/a West End Consultation Group, ... Minn. Ct. App. 2024
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Jane Doe v. Gavin Patrick Meany, Marie Olseth MD LLC d/b/a West End Consultation Group, ...
Minn. Ct. App. 2024
A genuine issue of material fact exists “when reasonable persons might draw different conclusions from the evidence presented.” DLH, (Minn. satisfy any judgment obtained from the nonsettling defendants to the extent the settling defendants have been released.
- Shane Feldhaus v. City of Minnetonka Minn. Ct. App. 2024
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Shane Feldhaus v. City of Minnetonka
Minn. Ct. App. 2024
Senogles, d at 42; DLH, (“[T]he function of the district court on a motion for summary judgment is to not weigh the evidence.”).
- Metropolitan Transportation Network, Inc. v. Collaborative Student Transportation of Minnesota, ... 6 N.W.3d 771 Minn. Ct. App. 2024
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Metropolitan Transportation Network, Inc. v. Collaborative Student Transportation of Minnesota, ...
6 N.W.3d 771
Minn. Ct. App. 2024
But if the moving party supports its motion, then “the nonmoving party must present specific facts showing that there is a genuine issue for trial.” DLH, (quotation omitted).
- Craig Stevenson, et al., Appellants, Minn. Ct. App. 2024
- Karen Painter, PhD. v. Board of Regents of the University of Minnesota Minn. Ct. App. 2024
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Karen Painter, PhD. v. Board of Regents of the University of Minnesota
Minn. Ct. App. 2024
v. Bugge, (quotation omitted); see also DLH, (“[T]he party resisting summary judgment must do more than rest on mere averments.”).
- Kristin M. Schantzen v. Charlotte Erdmann, Valley Chiropractic Clinic, Ltd., ... Minn. Ct. App. 2024
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Kristin M. Schantzen v. Charlotte Erdmann, Valley Chiropractic Clinic, Ltd., ...
Minn. Ct. App. 2024
As the nonmoving party on summary judgment, Erdmann bore the “burden of alleging specific facts supporting [her] affirmative defenses.” d 17 889, 895 (Minn. App. 1985); see also DLH, (stating that “when the nonmoving party bears the burden of proof on an element essential to the nonmoving party’s case, the nonmoving party must make a showing sufficient to establish that essential element”).
- 1648 Properties, LLC, et al., Appellants, Minn. Ct. App. 2024
- Robert W. Starbeck, individually, and As Trustee of the Arthur C. Starbeck Trust under agreement Dated August 21, … Minn. Ct. App. 2024
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Robert W. Starbeck, individually, and As Trustee of the Arthur C. Starbeck Trust under agreement Dated August 21, …
Minn. Ct. App. 2024
DLH, d 60, 69 (Minn. 1997).
- Robert R. Schroeder Construction, Inc. v. Minnesota Department of Transportation v. W. ... Minn. Ct. App. 2023
- Robert R. Schroeder Construction, Inc. v. Minnesota Department of Transportation v. W. ... Minn. Ct. App. 2023
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Freedom Kerkula, as Trustee for the Next of Kin of Grace Elizabeth Bettie, Appellant,
Minn. Ct. App. 2023
A genuine issue of material fact exists “when reasonable persons might draw different conclusions from the evidence presented.” DLH
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South Country Health Alliance, et al., Appellants,
Minn. Ct. App. 2023
A genuine issue of material fact exists “when reasonable persons might draw 11 different conclusions from the evidence presented.” DLH
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Kristie Kollmann, et al., Respondents,
Minn. Ct. App. 2023
Even so, the nonmoving party must “do more than simply show that there is some metaphysical doubt as to the material facts.” DLH, Inc. v. Russ , (quotation omitted).
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Madison Equities, Inc., Appellant,
Minn. Ct. App. 2023
DLH, d 60, 69 (Minn. 1997).
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James L. Lang, et al., Appellants,
Minn. Ct. App. 2023
(quoting DLH, -71 (Minn. 1997)).
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Leonard Zimmer, et al., Appellants,
Minn. Ct. App. 2023
There is no genuine issue of material fact “where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party.” DLH, (quotation omitted).
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Carl Green, Appellant,
Minn. Ct. App. 2023
To avoid summary judgment, the nonmoving party must present sufficient evidence “to permit reasonable persons to draw different conclusions” and create more than “a metaphysical doubt as to the factual issue.” DLH
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Kelly Bell, et al., Appellants,
Minn. Ct. App. 2023
See DLH, (“The district court’s function on a motion for summary judgment is not to decide issues of fact .
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Western National Mutual Insurance Company, Respondent,
Minn. Ct. App. 2023
A genuine issue of material fact exists “when reasonable persons might draw different conclusions from the evidence presented.” DLH
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Roger Dean Olson, Respondent,
Minn. Ct. App. 2023
Conversion “is defined as 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, (quotation omitted).
- Peggy R. Ek, Appellant, Minn. Ct. App. 2023
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Eric Aaron, Appellant,
Minn. Ct. App. 2023
s a matter of law when the record reflects a complete lack of proof on an essential element of the plaintiff’s claim.” see Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986) (“[A] complete failure of proof concerning an essential element of the nonmoving party’s case necessarily renders all other facts immaterial.”); DLH, (“[N]o genuine issue of material fact for trial [exists] when the nonmoving party presents evidence which merely creates a metaphysical doubt as to a factual issue .
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Minn. 2022
to permit reasonable persons to draw different conclusions.’ ” Kelly for Washburn v. Kraemer Constr., Inc., d 504, 508 (Minn. 2017) (alteration in original) (quoting DLH, ).
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Emily Anick, Appellant,
Minn. Ct. App. 2022
A genuine issue of material f act exists “when reasonable persons might draw different conclusions from the evidence presented.” DLH, d 60, 69 (Minn. 1997).
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In the Matter of the Welfare of the Child of: A. R. J. and B. J. J., Parents.
Minn. Ct. App. 2022
Alternatively, she suggests that we apply the de novo standard used to review a judgment on the pleadings under rule 12.03 of the Minnesota Rules of Civil Procedure, see D.L.H., or, if matters outside the pleadings are considered, the de novo standard used to review a summary judgment, see Day Masonry v. Indep.
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Arch Insurance Company, as subrogee of Centre Rental, Inc., Respondent,
Minn. Ct. App. 2022
P. 56.05; DLH, Inc. v. Russ , .
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Minn. 2022
Fact issues exist “when reasonable persons might draw different conclusions from the evidence presented.” DLH
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Robert Sharot, individually and on behalf of all others similarly situated, Appellant,
Minn. Ct. App. 2022
“We do not weigh facts or determine the credibility of affidavits and other evidence.” Stringer, d at 754 (citing DLH, ).
- Under the Rainbow Early Education Center, Minn. 2022
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Tony Jacobson, Appellant,
Minn. Ct. App. 2022
A genuine issue of material fact exists “when reasonable persons might draw different conclusions from the evidence presented.” DLH
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Byron Johnson, Appellant,
Minn. Ct. App. 2022
DLH, (holding summary judgment is inappropriate if there exists a genuine issue of material fact).
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Progressive Insurance, Respondent,
Minn. Ct. App. 2022
A genuine issue of material fact exists “when reasonable persons might draw different conclusions from the evidence presented.” DLH
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In re: Determination of Need for Environmental Impact Statement for Pavilion Estates Subdivision
Minn. Ct. App. 2022
Because the district court had gran ted summary judgment to the city on this claim, the issue before the supreme court was “whether genuine issues of material fact exist[ed] and the district court correctly applied the [law].” Id., (citing DLH, ).
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NSE, Inc., et al., Appellants,
Minn. Ct. App. 2022
See DLH, (requi ring the nonmoving party to respond to a summary-judgment motion with specific facts).
- Brandon Grim, Appellant, Minn. Ct. App. 2022
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City of Shorewood, Respondent,
Minn. Ct. App. 2022
No genuine issue of material fact exists where “the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party.” DLH, (quotation omitted).
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Landmark Community Bank, N.A., now doing business as Flagship Bank Minnesota, Respondent,
Minn. Ct. App. 2022
DLH, d 60, 69 (Minn. 1997).
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Mark D. Island, et al., Appellants,
Minn. Ct. App. 2022
A genuine issue of material fact exists “when reasonable persons might draw different conclusions from the evidence presented.” DLH, Inc. v. Russ