Cited by
Opinions in Minnesota that cite DLH, Inc. v. Russ, 566 N.W.2d 60.
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In re: the Matter of the Removal of that Certain Building owned by Theodore R. Thull, said property …
Minn. Ct. App. 2017
A district court may “dispose of an action on the merits if there is no genuine dispute regarding the material facts, and a party is entitled to judgment under the law applicable to such facts.” DLH, Minn. R. Civ.
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Town Center Office Plaza Association, Inc., Appellant,
Minn. Ct. App. 2017
No genuine issue of material fact exists where the evidence “merely creates a metaphysical doubt as to a factual issue.” DLH
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Fischer Sand and Aggregate, LLP, Appellant,
Minn. Ct. App. 2017
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, Inc. v. Russ , (quotation omitted).
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John Doe 101, et al., Appellants,
Minn. Ct. App. 2017
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 e lement of the nonmoving party’s case to permit reasonable persons to draw different conclusions.” DLH, Inc. v. Russ
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Jeffrey Paul Hofmann, et al., Appellants,
Minn. Ct. App. 2017
P. 56.03; DLH, Inc. v. Russ
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Richard S. Little, Appellant,
Minn. Ct. App. 2017
“[T]here is no genuine issue or 6 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
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Deutsche Bank National Trust Company, as certificate trustee on behalf of Bosco Credit II Trust Series 2010-1, Respondent,
Minn. Ct. App. 2017
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, Inc. v. Russ , (quotation omitted).
- Jane Doe v. Kmart Corporation Minn. Ct. App. 2017
- Troy K. Scheffler v. City of Anoka, City of Coon Rapids, Hicken, Scott, Howard & Anderson, P. A. 890 N.W.2d 437 Minn. Ct. App. 2017
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Troy K. Scheffler v. City of Anoka, City of Coon Rapids, Hicken, Scott, Howard & Anderson, P. A.
890 N.W.2d 437
Minn. Ct. App. 2017
There is no genuine issue for trial if 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
- Jane Doe v. Kmart Corporation Minn. Ct. App. 2017
- Penny Kandt v. Minnesota Department of Commerce Minn. Ct. App. 2017
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Penny Kandt v. Minnesota Department of Commerce
Minn. Ct. App. 2017
No genuine issue of material fact exists if “the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party.” DLH, (quotation omitted).
- James Ariola, as next of kin of, and trustee for, the Estate of Jack Ariola Erenberg, his son, … 889 N.W.2d 340 Minn. Ct. App. 2017
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James Ariola, as next of kin of, and trustee for, the Estate of Jack Ariola Erenberg, his son, …
889 N.W.2d 340
Minn. Ct. App. 2017
“When a motion for summary judgment is made and supported, the nonmoving party must ‘present specific facts showing that there is a genuine issue for trial.’” DLH, (quoting Minn. R. Civ.
- Jodi L. Toedter, Trustee for the Heirs and Next of Kin of Susan Ann Gray v. Winona County, … Minn. Ct. App. 2017
- Dennis Szymialis v. James Kuronen Minn. Ct. App. 2017
- Jodi L. Toedter, Trustee for the Heirs and Next of Kin of Susan Ann Gray v. Winona County, … Minn. Ct. App. 2017
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Dennis Szymialis v. James Kuronen
Minn. Ct. App. 2017
“[W]hen 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.” DLH
- Jesse James O�Brien v. City of Mentor Minn. Ct. App. 2017
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Jesse James O�Brien v. City of Mentor
Minn. Ct. App. 2017
“[W]hen 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.” DLH, see also Schroeder v. St.
- Frankie R. Christy v. Rottinghaus Company, Inc., d/b/a Subway, Rottinghaus Real Estate, LLC Minn. Ct. App. 2016
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Frankie R. Christy v. Rottinghaus Company, Inc., d/b/a Subway, Rottinghaus Real Estate, LLC
Minn. Ct. App. 2016
No 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 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
- Kimberly L. Meyer, William Buskey v. American Legion Post 270, d/b/a Buffalo American Legion or Buffalo American Legion … Minn. Ct. App. 2016
- Bret Hedrington v. American Standard Insurance Company of Wisconsin Minn. Ct. App. 2016
- Cannon Falls Oil Company, Inc. v. Minnesota Department of Transportation Minn. Ct. App. 2016
- Cheri Glassick v. Wells Federal Bank, Stewart Title Guaranty Company, Northwest Title Agency, Inc., Tim Breuer, Manufacturers Bank … Minn. Ct. App. 2016
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Cannon Falls Oil Company, Inc. v. Minnesota Department of Transportation
Minn. Ct. App. 2016
DLH, d 60, 69 (Minn. 1997).
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Kimberly L. Meyer, William Buskey v. American Legion Post 270, d/b/a Buffalo American Legion or Buffalo American Legion …
Minn. Ct. App. 2016
Rochester City Lines, Co., d at 661; DLH, d 732, 737 (Minn. App. 2001), review denied (Minn. Oct.
- Cheri Glassick v. Wells Federal Bank, Stewart Title Guaranty Company, Northwest Title Agency, Inc., Tim Breuer, Manufacturers Bank … Minn. Ct. App. 2016
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Bret Hedrington v. American Standard Insurance Company of Wisconsin
Minn. Ct. App. 2016
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).
- Mark Schaefer v. Cargill Kitchen Solutions, Inc. Minn. Ct. App. 2016
- Bradley Mordini v. American Family Mutual Insurance Co. Minn. Ct. App. 2016
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Mark Schaefer v. Cargill Kitchen Solutions, Inc.
Minn. Ct. App. 2016
to permit reasonable persons to draw different conclusions.” DLH, d 60, 71 (Minn. 1997).
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Bradley Mordini v. American Family Mutual Insurance Co.
Minn. Ct. App. 2016
No genuine issue for trial exists “[w]here the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party.” DLH, (quotation omitted).
- Jeffrey Beckman v. Wells Fargo Bank, N.A. v. Robert A. Tenold v. Green Line Home Services, LLC Minn. Ct. App. 2016
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Jeffrey Beckman v. Wells Fargo Bank, N.A. v. Robert A. Tenold v. Green Line Home Services, LLC
Minn. Ct. App. 2016
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
- Todd Johnson v. Britta K. Anderson, as Personal Representative of the Estate of Donnabelle M. Johnson, decedent Minn. Ct. App. 2016
- Minnesota Workers� Compensation Assigned Risk Plan as administered by RTW, Inc. v. Dimas Reyes, Advanced Designs Siding and … Minn. Ct. App. 2016
- Todd Johnson v. Britta K. Anderson, as Personal Representative of the Estate of Donnabelle M. Johnson, decedent Minn. Ct. App. 2016
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Minnesota Workers� Compensation Assigned Risk Plan as administered by RTW, Inc. v. Dimas Reyes, Advanced Designs Siding and …
Minn. Ct. App. 2016
“The 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, (“[S]ummary judgment is not a means of deciding cases in which the facts are disputed.”).
- Thomas M. Fafinski v. Jaren Johnson Minn. Ct. App. 2016
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Thomas M. Fafinski v. Jaren Johnson
Minn. Ct. App. 2016
d at 525-26; see DLH, (using United States Supreme Court’s interpretation of federal rules of procedure to provide guidance on interpretation of parallel state rules of procedure).
- Kimbel R. Raden d/b/a Walen R. Farms v. William L. Hess d/b/a Hess Farms Minn. Ct. App. 2016
- Randolph Brooks Federal Credit Union v. Daniel N. Gess Minn. Ct. App. 2016
- Randolph Brooks Federal Credit Union v. Daniel N. Gess Minn. Ct. App. 2016
- Kimbel R. Raden d/b/a Walen R. Farms v. William L. Hess d/b/a Hess Farms Minn. Ct. App. 2016
- First American Title Insurance Company v. Wayne B. Holstad Minn. Ct. App. 2016
- First American Title Insurance Company v. Wayne B. Holstad Minn. Ct. App. 2016
- Starry Electric, Inc. v. Gilman Cooperative Creamery Association Minn. Ct. App. 2016