Cited by

Opinions in Minnesota that cite Lubbers v. Anderson, 539 N.W.2d 398.

260 citing documents.

Charles Mach and Vicki Mach, as Trustees for the Next of Kin of Decedent Kailey Lynn Mach v. … Minn. Ct. App. 2026
“Any doubt as to whether issues of material fact exist is resolved in favor of the party against whom summary judgment was granted.”
Joe Schafer, et al., as Parents and Natural Guardians of Minor W.S. v. Oakwood Community Church Minn. Ct. App. 2026
Further, “[a]ny doubt as to whether 6 issues of material fact exist is resolved in favor of the party against whom summary judgment was granted.”
Michael L Reger v. Edward B. Magarian, et al Minn. Ct. App. 2026
“A defendant is entitled to summary judgment as a matter of law when the record reflects a complete lack of proof on an essential element of the plaintiff’s claim.”
Erica Robinson v. Sheraton Minneapolis West Minn. Ct. App. 2026
Julie Massaquoi, et al v. Abe Al-Qudeh Minn. Ct. App. 2026
Julie Massaquoi, et al v. Abe Al-Qudeh Minn. Ct. App. 2026
“A defendant is entitled to summary judgment as a matter of law when the record reflects a complete lack of proof on an essential element of the plaintiff’s claim.”
Tory Brent Apps, et al v. Jesse Stowers Minn. Ct. App. 2026
Tory Brent Apps, et al v. Jesse Stowers Minn. Ct. App. 2026
The nonmoving party cannot avoid summary judgment by pointing to “unverified and conclusionary allegations in his pleading or by postulating evidence which might be developed at trial.” (quotation omitted).
Brenda Thormodson, et al v. Kathryn Rae Zehnder Minn. Ct. App. 2025
Brenda Thormodson, et al v. Kathryn Rae Zehnder Minn. Ct. App. 2025
“Any doubt as to whether issues of material fact exist is resolved in favor of the party against whom summary judgment was granted.”
Kimberly Hamson, et al v. The Foothills Christian Academy Society of Backus, MN, et al Minn. Ct. App. 2025
As such, “[a]ny doubt as to whether issues of material fact exist is resolved in favor of the party against whom 6 summary judgment was granted.”
Humana MarketPoint, Inc., Relator, vs. Commissioner of Revenue, Respondent Minn. 2025
Humana MarketPoint, Inc., Relator, vs. Commissioner of Revenue, Respondent Minn. 2025
See Humana, 2024 WL 4997432, at *22 ( n.3 (Minn. 1995), for the proposition that a court need not decide remaining issues when it determines that a party was entitled to summary judgment).
State of Minnesota v. Michael James Harlan Minn. Ct. App. 2025
In the first, the supreme court stated: [I]n order for a party’s negligence to be the proximate cause of an injury the act must be one which the party ought, in the exercise of ordinary care, to have anticipated was likely to result in injury to others, .
Regina Gower v. City of Edina Minn. Ct. App. 2025
(“A defendant is entitled to summary judgment as a matter of law when the record reflects a complete lack of proof on an essential element of the plaintiff’s claim.”).
Sean Bruce Henry v. Servion, Inc. Minn. Ct. App. 2025
Dalvin Cook v. Gracelyn Trimble, Daniel Cragg, et al Minn. Ct. App. 2025
(“A defendant is entitled to summary judgment as a matter of law when the record reflects a complete lack of proof on an essential element of the plaintiff’s claim.”).
David Schindele v. Build 218 LLC, et al Minn. Ct. App. 2025
Rebecca L Bersch v. Sharon K Hills Minn. Ct. App. 2025
“A defendant is entitled to summary judgment as a matter of law when the record reflects a complete lack of proof on an essential element of the plaintiff’s claim[s].”
Provision Media, Inc. v. Century College, et al Minn. Ct. App. 2024
“A defendant is entitled to summary judgment as a matter of law when the record reflects a complete lack of proof on an essential element of the plaintiff’s claim.”
Michael Walker v. State of Minnesota Department of Corrections Minn. Ct. App. 2024
Instead, the plaintiff must establish that the defendant’s action was a “substantial factor in bringing about the injury.”
Amy Sweasy Tamburino v. Michael O. Freeman, David Hough, et al Minn. Ct. App. 2024
Candice Martinez v. LM General Insurance Company Minn. Ct. App. 2024
Benjamin Unke, et al v. Michael Braun, et al., Neil Constine, et al Minn. Ct. App. 2024
“ A defendant is entitled to summary judgment as a matter of law when the record reflects a complete lack of proof on an essential element of the plaintiff’s claim.”
Charlie Thoemke v. Christopher Roland Lamke Minn. Ct. App. 2024
“A defendant is entitled to summary judgment as a matter of law when the record reflects a complete lack of proof on an essential element of the plaintiff’s claim.”
Leo Gadbois v. Irvine Hill Condominium Association Minn. Ct. App. 2024
However, “[a] defendant is entitled to summary judgment as a matter of law when the record reflects a complete lack of proof on an essential element of the plaintiff’s claim.”
Severin M. Chmielewski, et al v. State Farm Fire and Casualty Company, a foreign corporation, Twisted Knot Log … Minn. Ct. App. 2024
However, it becomes a question of law when “reasonable minds can arrive at only one conclusion.”
Jane Doe v. Gavin Patrick Meany, Marie Olseth MD LLC d/b/a West End Consultation Group 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
But “[a] defendant is entitled to summary judgment as a matter of law [if] the record reflects a complete lack of proof on an essential element of the plaintiff’s claim.”
Metropolitan Transportation Network, Inc., et al v. Collaborative Student Transportation of Minnesota, LLC, et al 6 N.W.3d 771 Minn. Ct. App. 2024
Metropolitan Transportation Network, Inc., et al v. Collaborative Student Transportation of Minnesota, LLC, et al 6 N.W.3d 771 Minn. Ct. App. 2024
“A defendant is entitled to summary judgment as a matter of law [if] the record reflects a complete lack of proof on an essential element of the plaintiff’s claim.”
Craig Stevenson, et al v. Sean Stevenson, et al Minn. Ct. App. 2024
Summary judgment is mandatory when “the record reflects a complete lack of proof on an essential element of the plaintiff’s claim.”
Nanette Brooks, et al., parents and natural guardians of minor A.B. v. Tracy Crudo individually, and as parent … Minn. Ct. App. 2024
Nanette Brooks, et al., parents and natural guardians of minor A.B. v. Tracy Crudo individually, and as parent … Minn. Ct. App. 2024
A Business Solutions Company LLC, d/b/a AFOX Solutions, LLC, a LGBTE Company, et al v. American Business Forms, … Minn. Ct. App. 2024
(quotation omitted); see Peterson v. Am.
Homestead Acres Homeowners Association, Inc. v. Hiscox Insurance Company, Inc. Minn. Ct. App. 2024
Homestead Acres Homeowners Association, Inc. v. Hiscox Insurance Company, Inc. Minn. Ct. App. 2024
“A defendant is entitled to summary judgment as a matter of law when the record reflects a complete lack of proof on an essential element of the plaintiff’s claim.” Lubbers v. 3 Anderson
Craig A Reichel, et al v. Wendland Utz, LTD, et al Minn. Ct. App. 2023
“A defendant is entitled to summary judgment as a matter of law when the record reflects a complete lack of proof on an essential element of the plaintiff’s claim.”
Janet C. Dreyer, et al v. Reierson Construction, Inc. Minn. Ct. App. 2023
(noting summary judgment is only proper, as a matter of law, “when the record reflects a complete lack of proof on an essential element”).
Wayne E. Hukriede, et al v. Melanie A. Engh-Liska, aka Melanie A. Liska, et al Minn. Ct. App. 2023
“A defendant is entitled to summary judgment as a matter of law when the record reflects a complete lack of proof on an essential element of the plaintiff’s claim.”
Judith Rygwall, as Trustee for the Heirs and Next of Kin of Amy Rygwall, deceased v. ACR Homes, … Minn. Ct. App. 2023
Eric Aaron v. Zachary Aaron, et al., Mortgage Electronic Registration Systems, Inc. Minn. Ct. App. 2023
4 DECISION “A defendant is entitled to summary judgment as 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 tria
Lauren Peterson v. City of Minneapolis, et al Minn. Ct. App. 2022
DECISION A defendant is entitled to summary judgment as a matter of law “when the record reflects a complete lack of proof on an essential element of the plaintiff’s claim.”
Daniel J. Engstrom v. Whitebirch Inc., et al Minn. Ct. App. 2022
Tyler Rentfrow v. West Bend Mutual Insurance Company Minn. Ct. App. 2022
When, as here, the defendant moves for summary judgment, the motion must be granted when the record lacks proof of “an essential element of the plaintiff ’s claim.”
State of Minnesota v. Kemar Anthony Hawkins Minn. Ct. App. 2022
10 state must show that: (1) the allegedly negligent party committed an act that, in the exercise of ordinary care, the negligent party should have anticipated would likely injure others, even if the party could not anticipate the precise injury that resulted, and (2) the act was a “substantial factor in causing the death,” see also Lubbers, d at 401.
Troy David Mack v. Blake Azurin Martin, William Azurin Martin, Ian Alexander Stinson Minn. Ct. App. 2022
Randi Rock v. Ahmed Abdullah, M.D., Essentia Health Minn. Ct. App. 2022
But “[a] defendant is entitled to summary judgment as a matter of law [if] the record reflects a complete lack of proof on an essential element of the plaintiff’s claim.”
Michael Bartell v. Tara Mutual Fire Insurance Company, Donnelly Agency, Inc. Minn. Ct. App. 2022
” Generally, “[a]ny doubt as to whether issues of material fact exist is resolved in favor of the party against whom summary judgment was granted.”
Suzanne Krupp v. Supervalu, Inc., d/b/a Cub Foods and Cub Foods Minn. Ct. App. 2022
But “[a] defendant is entitled to summary judgment as a matter of law when the record reflects a complete lack of proof on an essential element of the plaintiff’s claim.” d 398, 401 (Minn. 1995).