Cited by
Opinions in Minnesota that cite Lubbers v. Anderson, 539 N.W.2d 398.
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Joe Schafer, et al., as Parents and Natural Guardians of Minor W.S., Appellants,
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.”
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Michael L Reger, Appellant,
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, Appellant, Minn. Ct. App. 2026
- Julie Massaquoi v. Abe Al-Qudeh Minn. Ct. App. 2026
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Julie Massaquoi 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 v. Jesse Stowers Minn. Ct. App. 2026
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Tory Brent Apps 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 v. Kathryn Rae Zehnder Minn. Ct. App. 2025
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Brenda Thormodson 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.”
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Kimberly Hamson, et al., Appellants,
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
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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).
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State of Minnesota, Respondent,
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, .
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Regina Gower, Appellant,
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, Appellant, Minn. Ct. App. 2025
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Dalvin Cook, Respondent,
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, Appellant, Minn. Ct. App. 2025
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Rebecca L Bersch, Appellant,
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].”
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Provision Media, Inc., Appellant,
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.”
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Michael Walker, Appellant,
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, Appellant, Minn. Ct. App. 2024
- Candice Martinez, Appellant, Minn. Ct. App. 2024
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Benjamin Unke, et al., Appellants,
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.”
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Charlie Thoemke, Appellant,
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.”
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Leo Gadbois, Appellant,
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.”
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Severin M. Chmielewski, et al., Respondents,
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
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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
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. 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
“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.”
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Craig Stevenson, et al., Appellants,
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, parents and natural guardians of minor A.B. v. Tracy Crudo individually, and as ... Minn. Ct. App. 2024
- Nanette Brooks, parents and natural guardians of minor A.B. v. Tracy Crudo individually, and as ... Minn. Ct. App. 2024
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A Business Solutions Company LLC, d/b/a AFOX Solutions, LLC, a LGBTE Company, et al., Appellants,
Minn. Ct. App. 2024
(quotation omitted); see Peterson v. Am.
- Homestead Acres Homeowners Association, Inc. v. Hiscox Insurance Company, Inc. Minn. Ct. App. 2024
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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
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Craig A Reichel, et al., Appellants,
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.”
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Janet C. Dreyer, et al., Appellants,
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”).
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Wayne E. Hukriede, et al., Appellants,
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, Appellant, Minn. Ct. App. 2023
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Eric Aaron, Appellant,
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
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Lauren Peterson, Appellant,
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, Appellant, Minn. Ct. App. 2022
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Tyler Rentfrow, Appellant,
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.”
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State of Minnesota, Respondent,
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, Appellant, Minn. Ct. App. 2022
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Randi Rock, Appellant,
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.”
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Michael Bartell, Respondent,
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.”
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Suzanne Krupp, Appellant,
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).
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Mark D. Island, et al., Appellants,
Minn. Ct. App. 2022
“Any doubt as to whether issues of material fact exist is resolved in favor of the party against whom summary judgment was granted.” Lubbers 6 v. Anderson, 1 (Minn. 1995) (citing Rathbun v. W.T.