Cited by
Opinions in Minnesota that cite DLH, Inc. v. Russ, 566 N.W.2d 60.
-
Merchant & Gould P.C., Respondent,
Minn. Ct. App. 2022
.” DLH, Inc. v. Russ , (Mi nn.
- Kay L. Briden, Respondent, Minn. Ct. App. 2022
-
RSS Fridley, LLC, a Minnesota limited liability company, et al., Appellants,
Minn. Ct. App. 2022
5 Conversion is “an act of willful interfere nce with personal property, done without lawful justification by which any person entitled thereto is deprived of use and possession.” DLH, Inc. v. Russ , (M inn.
- In re the Estate of: Richard W. Koberoski, Deceased. Minn. Ct. App. 2022
-
Jesse Smith, Appellant,
Minn. Ct. App. 2022
DLH, d 60, 69 (Minn. 1997).
-
Dianne Strohmayer, Relator,
Minn. Ct. App. 2021
See DLH, -70 (Minn. 1997) (explaining summary -judgment standard).
-
Myth Live II, Inc., Appellant,
Minn. Ct. App. 2021
But there is no genuine issue of material fact when the nonmoving party presents evidence “which merely creates a metaphysical doubt as to a factual issue.” DLH, Inc. v. Russ
-
Kawaljit S. Bhatia, as Trustee for the next of kin of Ena M. Bhatia, deceased, Appellant,
Minn. Ct. App. 2021
A genuine issue of material fact exists “when re asonable persons might draw different conclusions from the evidence presented.” DLH
- Howard Norsetter, Appellant, Minn. Ct. App. 2021
-
LeAnn Wilbourn, Appellant,
Minn. Ct. App. 2021
A genuine issue of material fact exists when there is sufficient evidence that would “permit reasonable persons to draw different conclusions.” DLH
- William M. Ross, Appellant, Minn. Ct. App. 2021
-
Lighthouse Management Inc., Plaintiff,
Minn. Ct. App. 2021
And “[t] he district court’s function on a motion for summary judgment is not to decide issues of fact, but solely to determine whether genuine factual issues exist.” DLH, Inc. v. Russ
- Jessica Hagen, on behalf of herself and others similarly situated, Minn. 2021
- Barbara Henry, Appellant, Minn. Ct. App. 2021
- Mid Country Tower Services, Appellant, Minn. Ct. App. 2021
-
Theresa M. Anderson, Appellant,
Minn. Ct. App. 2021
DLH, -71 (Minn. 1997) (stating that nonmoving part y must produce “substantial evidence” to establish genuine issue of material fact).
-
Capacity Wireless, LLC, Appellant,
Minn. Ct. App. 2021
The nonmoving party’s burden to preclude summary judgment is to identify “specific facts showing that there is a genuine issue for trial.” DLH, Inc. v. Russ , (quotation omitted).
-
Pharaoh El-Forever Left-i Amen El, Appellant,
Minn. Ct. App. 2021
A genuine issue of material fact exists “when reasonable persons might draw different conclusions from the evidence presented.” DLH
-
Scot A. Lacek, Appellant,
Minn. Ct. App. 2021
which is not sufficiently probative with respect to an essential element o f the nonmoving party’s case to permit reasonable persons to draw different conclusions.” DLH, Inc. v. Russ
-
Travis Colsen, Appellant,
Minn. Ct. App. 2021
A genuine issue of material fact exists “when re asonable persons might draw different conclusions from the evidence presented.” DLH
- Knife River Corporation-North Central, Appellant, Minn. Ct. App. 2020
-
Mark Moe, Appellant,
Minn. Ct. App. 2020
A genuine issue of material fact exists “when reasonable persons might draw different conclusions from the evidence presented.” DLH, 4 (Minn. 1997).
-
Katie Aase, Respondent,
Minn. Ct. App. 2020
which is not sufficiently probative with respect to an essential element of the nonmoving party’s case to permit reasonable persons to draw different conclusions.” DLH
- Court of A ppeals Chutich, J. St. Paul Park Refining Co. LLC, Respondent, vs. Minn. 2020
-
Theresa K. Williams, Personal Representative of the Estate of Kristen Nicole Kuether, Respondent,
Minn. Ct. App. 2020
No genuine issue of mate rial fact exists “whe n the nonmoving party presents evidence which merely creates a metaphysical doubt as to a factual issue and which is not sufficiently probativ e with respect to an essen tial element of the nonmoving party’s case to permit reasonable persons to draw different conclusions.” DLH
-
Lariat Companies, Inc., Respondent,
Minn. Ct. App. 2020
v. Dennis Drewes, Inc., -92 (Minn. App. 2005) (concluding that challenge to district court’s legal conclusion was waived because the issue was not briefed); DLH, Inc. v. Russ , (ruling that issue not raised o n appeal was waived); aff’d
-
American Family Insurance, Appellant,
Minn. Ct. App. 2020
See DLH, d 60, 71 (Minn. 1997) ( stating genuine issue of mat erial fact exists regarding element of nonmoving party’s case when evidence would “permit reasonable persons to draw different conclusions”).
- Carnea Roberson, Appellant, Minn. Ct. App. 2020
-
Charity Slaughter, Appellant,
Minn. Ct. App. 2020
No genuine issue of material fact exists “when the nonmoving party presents 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 the nonmoving party’s case to permit reasonable persons to draw different conclusions.” DLH
-
Minn. 2020
Similarly, when presented with a request for judgment as a matter of law, we ask whether “reasonable persons could draw only one conclusion from the evidence presented.” DLH, Inc. v. Russ, D-4
-
Karen Mattinen, Appellant,
Minn. Ct. App. 2020
which is not sufficiently probative with respect to an essential element of the nonmoving party’s case to permit reasonable persons to draw different conclusions.” DLH
- Mary Ellen Spinler, et al., Appellants, Minn. Ct. App. 2020
- North Mill Equipment Finance, LLC, Respondent, Minn. Ct. App. 2020
-
Brett Mallberg, Respondent,
Minn. Ct. App. 2020
“[W]hen determining whether a genuine issue of material fact for trial ex ists, the court is not required to ignore its conclusion that a particular piece of eviden ce may have no probativ e value, such that reasonable persons could not draw different conclusions from the evidence presented.” DLH
-
Vilnis Neilands, Appellant,
Minn. Ct. App. 2020
The “substantial” in “substantial evidence” refers “to legal sufficiency and not quantum.” DLH
- Ransford Frimpong, Appellant, Minn. Ct. App. 2020
- Paul Stepnes, Appellant, Minn. Ct. App. 2020
-
Colleen Cole f/k/a Colleen Wallin, Appellant,
Minn. Ct. App. 2020
“[T]here is no genuine issue of material fact for trial when the nonmoving party presents 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 the nonmoving party’s case to permit reasonable persons to draw different conclusions.” DLH
-
Midland Funding LLC, et al., Respondents,
Minn. Ct. App. 2020
A genuine issue of material fact exists “when reasonable persons might draw different conclusions from the evidence presented.” DLH
-
John Mullaney, Appellant,
Minn. Ct. App. 2020
A “party resisting summary judgment must do more than rest on mere averments.” DLH
-
A. Darlene Gibson, Appellant,
Minn. Ct. App. 2020
No genuine issue of material fact exists “when the nonmoving party presents 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 the nonmoving party’s case to permit reasonable persons to draw different conclusions.” DLH
-
Aegis Insurance Services, LTD., and other interested insurers as subrogees of Northern States Power Co. and Southern Minnesota …
Minn. Ct. App. 2020
No genuine issue of material fact exists when “the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party.” DLH, Inc. v. Russ , (quotation omitted).
- R&S Crossing, LLC, Respondent, Minn. Ct. App. 2020
- Brian John Blawat, et al., Appellants, Minn. Ct. App. 2020
-
Linda Gensmer, as Personal Representative of the Estate of Thomas Sendecky, Appellant,
Minn. Ct. App. 2019
DLH, d 60, 69 (Minn. 1997).
- In Re: The Matter of the Petition for Project No. 77, Clay County Ditch No. 51-Lateral No. 3, … Minn. Ct. App. 2019
- Affordable Home Builders, Inc., Respondent, Minn. Ct. App. 2019
-
Cannon Falls Mall Inc., Respondent,
Minn. Ct. App. 2019
To defeat a summary-judgment motion, the nonmoving party must show more than a “metaphysical doubt as to a factual issue.” DLH, (quotation omitted) .
-
Waasohn Dorliae, Appellant,
Minn. Ct. App. 2019
“[S]ummary judgment is inappropri ate when reasonable persons mi ght draw different conclusions from the evidence presented.” DLH
- In the Matter of the Lindmark Endowment for Corporate-Business Ethics Fund. Minn. Ct. App. 2019