Cited by
Opinions in Minnesota that cite DLH, Inc. v. Russ, 566 N.W.2d 60.
- Cheryl A. Hansen v. The Northwestern Mutual Life Insurance Company Minn. Ct. App. 2015
- Chad Schirmers v. County of Anoka Minn. Ct. App. 2015
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Chad Schirmers v. County of Anoka
Minn. Ct. App. 2015
“[T]he party resisting summary judgment must do more than rest on mere averments.” DLH
- Souhsiung Jack Chiu v. Timbershore Home Owners' Association, and third party v. New Horizon Homes, Inc., Third Party Minn. Ct. App. 2015
- Souhsiung Jack Chiu v. Timbershore Home Owners' Association, and third party v. New Horizon Homes, Inc., Third Party Minn. Ct. App. 2015
- In the Matter of the Petition of Federal Home Loan Mortgage Corporation for a New Certificate of Title … Minn. Ct. App. 2015
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In the Matter of the Petition of Federal Home Loan Mortgage Corporation for a New Certificate of Title …
Minn. Ct. App. 2015
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
- Nicole Curtis v. Jason Jenny Minn. Ct. App. 2015
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Nicole Curtis v. Jason Jenny
Minn. Ct. App. 2015
No genuine issue of material fact exists “[w]here the record taken as a whole 3 could not lead a rational trier of fact to find for the nonmoving party.” DLH, (alteration in original) (quotation omitted).
- Michael Harlow v. State of Minnesota Department of Human Services 862 N.W.2d 704 Minn. Ct. App. 2015
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Michael Harlow v. State of Minnesota Department of Human Services
862 N.W.2d 704
Minn. Ct. App. 2015
But “the party resisting summary judgment must do more than rest on mere averments.” DLH
- Scott R. McKee, M. D. v. St. Paul Eye Clinic, P. A. Minn. Ct. App. 2015
- Temitope Raufu Ibraheem v. Epic Entertainment, LLC Minn. Ct. App. 2015
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Temitope Raufu Ibraheem v. Epic Entertainment, LLC
Minn. Ct. App. 2015
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
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Scott R. McKee, M. D. v. St. Paul Eye Clinic, P. A.
Minn. Ct. App. 2015
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, (alteration in original) (quoting Matushita Elec.
- Federal Home Loan Mortgage Corporation v. Paul v. Pope, Gretchen A. Pope Minn. Ct. App. 2015
- Martin L. McDonal v. SuperValu, Inc. Minn. Ct. App. 2015
- Wayne Earl Dahl v. Stephen Sean Cummings Minn. Ct. App. 2015
- Wayne Earl Dahl v. Stephen Sean Cummings Minn. Ct. App. 2015
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Martin L. McDonal v. SuperValu, Inc.
Minn. Ct. App. 2015
DLH, see also Risdall v. Brown-Wilbert, Inc., (“A self-serving affidavit that contradicts other testimony is not sufficient to create a genuine issue of material fact.”).
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Federal Home Loan Mortgage Corporation v. Paul v. Pope, Gretchen A. Pope
Minn. Ct. App. 2015
Even when viewed in the light most favorable to him, the generic Freddie Mac documents and agreements Pope cites have limited relevance and at best create only “metaphysical doubt as to a factual issue.” DLH
- Mavco, Inc. d/b/a Maverick Construction Company v. American Family Mutual Insurance Company Minn. Ct. App. 2015
- Mavco, Inc. d/b/a Maverick Construction Company v. American Family Mutual Insurance Company Minn. Ct. App. 2015
- Federal National Mortgage Association v. Vaambee Yang, John Doe Minn. Ct. App. 2015
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Federal National Mortgage Association v. Vaambee Yang, John Doe
Minn. Ct. App. 2015
See DLH, (“[T]here is no genuine issue of material fact .
- Tracey Weathers v. HSBC Bank USA, NA, as Trustee for GSAA Home Equity Trust 2005-6 Minn. Ct. App. 2015
- Pat Ritter v. Auntie Ruth's Animal Care and Wellness, Inc. d/b/a Auntie Ruth's Furry Friends Minn. Ct. App. 2015
- Tracey Weathers v. HSBC Bank USA, NA, as Trustee for GSAA Home Equity Trust 2005-6 Minn. Ct. App. 2015
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Pat Ritter v. Auntie Ruth's Animal Care and Wellness, Inc. d/b/a Auntie Ruth's Furry Friends
Minn. Ct. App. 2015
However, the district court “is not required to ignore its conclusion that a particular piece of evidence may have no probative value, such that reasonable persons could not draw different conclusions from the evidence presented.” DLH
- J. D. Donovan, Inc. v. Minnesota Department of Transportation Minn. Ct. App. 2015
- 328 Barry Avenue, LLC v. Nolan Properties Group, LLC, and third party v. Carciofini Company, third party Marvin … Minn. Ct. App. 2015
- J. D. Donovan, Inc. v. Minnesota Department of Transportation Minn. Ct. App. 2015
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328 Barry Avenue, LLC v. Nolan Properties Group, LLC, and third party v. Carciofini Company, third party Marvin …
Minn. Ct. App. 2015
See DLH, (“[T]he party resisting summary judgment must do more than rest on mere averments.”).
- Gary A. Meiners v. Kruckow Companies, LLC, and third party v. Anthony R. Hammell, third party Minn. Ct. App. 2015
- Gary A. Meiners v. Kruckow Companies, LLC, and third party v. Anthony R. Hammell, third party Minn. Ct. App. 2015
- William J. Cavanagh v. Allen R. Arvig, Chris Mensing, individually and d/b/a Lakes Country Landscaping & Irrigation, Inc. Minn. Ct. App. 2014
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William J. Cavanagh v. Allen R. Arvig, Chris Mensing, individually and d/b/a Lakes Country Landscaping & Irrigation, Inc.
Minn. Ct. App. 2014
But a genuine issue of material fact does not exist “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
- James Ariola as next of kin and trustee for Jack Ariola Erenberg, his son v. The City of … Minn. Ct. App. 2014
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James Ariola as next of kin and trustee for Jack Ariola Erenberg, his son v. The City of …
Minn. Ct. App. 2014
See, e.g., DLH, (explaining that “there is no genuine issue 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 t
- Jacky L. Larson v. The Northwestern Mutual Life Insurance Company, CMInformation Specialists, Inc. 855 N.W.2d 293 Minn. 2014
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Jacky L. Larson v. The Northwestern Mutual Life Insurance Company, CMInformation Specialists, Inc.
855 N.W.2d 293
Minn. 2014
Summary judgment is “inappropriate when reasonable persons might draw different conclusions from the evidence presented.” DLH, d 60, 69 (Minn. 1997).
- Donya L. Dawson v. Afton Alps Recreation Area Minn. Ct. App. 2014
- Lakeview Methodist Health Care Center v. Kaci Paradis Minn. Ct. App. 2014
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Lakeview Methodist Health Care Center v. Kaci Paradis
Minn. Ct. App. 2014
A party resisting summary judgment must do more than provide “mere averments.” DLH
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Donya L. Dawson v. Afton Alps Recreation Area
Minn. Ct. App. 2014
No genuine issue for trial exists when “the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party.” DLH, (quoting Matsuhita Elec.
- Kay Tellinghuisen v. Chrysler Group, LLC, a foreign limited liability company transacting business in the State of Minnesota Minn. Ct. App. 2014
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Kay Tellinghuisen v. Chrysler Group, LLC, a foreign limited liability company transacting business in the State of Minnesota
Minn. Ct. App. 2014
But a party may not avoid summary judgment by resting on mere averments or presenting evidence that “merely creates a metaphysical doubt as to a factual issue.” DLH
- In the matter of the Petition of Melrose Community, LLC for a revision of the legal descriptions reflected … Minn. Ct. App. 2014
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In the matter of the Petition of Melrose Community, LLC for a revision of the legal descriptions reflected …
Minn. Ct. App. 2014
No genuine factual issue 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
- Timothy Albert Collins v. EMC Insurance Companies Minn. Ct. App. 2014