Cited by
Opinions in Minnesota that cite Lubbers v. Anderson, 539 N.W.2d 398.
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Jenny Pachicano, Appellant,
Minn. Ct. App. 2022
“[W]e view the evidence in the light most favorable to the party against whom summary judgment was granted.”
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Croix Holdings, LLC, Appellant,
Minn. Ct. App. 2021
A party cannot overcome a motion for summary judgment with “unverified and conclusory 23 allegations.” ().
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Kawaljit S. Bhatia, as Trustee for the next of kin of Ena M. Bhatia, deceased, Appellant,
Minn. Ct. App. 2021
“Any doubt as to whether issues of material fact exist is resolved in favor of the party against whom summary judgment was granted.” 1 (Minn. 1995) (citing Rathbun v. W.T.
- William Jepsen, as Trustee for the Heirs and Next of Kin of Eric Parker Dean, Minn. 2021
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Kevin Kopka, et al., individually and as parents and natural guardians of minor children B. Kopka and I. …
Minn. Ct. App. 2021
” Lubbers v. Anderson , (quotation omitted) .
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Isaac C. Johnson, et al., Appellants,
Minn. Ct. App. 2021
For Johnson’s claim to survive summary judgment, he must have offered evidence sufficient to establish “(1) the existence of a duty of care; (2) a breach of that duty; (3) an 4 injury was sustained; and (4) breach of the duty was the proximate cause of the i njury.”
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Minn. 2021
6 Lubbers v. Anderson , see George v. Est .
- A minor, by and through her mother and natural guardian, Amber Nelson, Appellant, Minn. Ct. App. 2021
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Docks of White Bear Lake, LLC, Appellant,
Minn. Ct. App. 2021
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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Danna Rochelle Back, petitioner, Respondent,
Minn. Ct. App. 2021
The decision in Back II was based on the holdings of State v. Cantrell , (determining th at culpable negligence requires the existence of a duty), (stating that whether a person owes a duty of care “is an issue for the court to determine as a ma tter of law”), (explaining that th e existence of a duty is an essential element of a negligence claim).
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Paul Boyum, Appellant,
Minn. Ct. App. 2021
Lubbers v. Anderson , (Minn. 1 Boyum did not appeal the grant of summary judgment on his claim of negligence per se.
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Sandra D’Antonio, et al., Respondents,
Minn. Ct. App. 2021
“The essential elements of a negligence claim are: (1) the existence of a duty of care; (2) a breach of that duty; (3) an injury was sustained; and (4) breach of the duty was the proximate cause of the injury.” Lubbers v. Anderson
- Trevor Johnson, Appellant, Minn. Ct. App. 2021
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Charity Slaughter, Appellant,
Minn. Ct. App. 2020
“A defendant is entitled to summary judgment as 6 a matter of law when the record reflects a com plete lack of proof on an essential element of the plaintiff’s claim.”
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Karen Mattinen, Appellant,
Minn. Ct. App. 2020
A party cannot preserve a right to a trial on the merits merely by “postulating evidence which might be developed at trial.” Lubbers v. Anderson , (quotation omitted).
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Paul Stepnes, Appellant,
Minn. Ct. App. 2020
” Lubbers v. Anderson , (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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A Xiong, Appellant,
Minn. Ct. App. 2019
(“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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Venice Felice Walker, petitioner, Appellant,
Minn. Ct. App. 2019
10 Minnesota Practice , CRIMJIG 11.40 (2018)
- Moore v. City of New Brighton 932 N.W.2d 317 Minn. Ct. App. 2019
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Moore v. City of New Brighton
932 N.W.2d 317
Minn. Ct. App. 2019
See Lubbers v. Anderson , , 401 (Minn. 1995) ("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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Joel S. Rabbe, et al., Appellants,
Minn. Ct. App. 2019
Summary judgment should be granted for the defendant “when the record reflects a complete lack of proof on an essential element of the plaintiff’s claim.”
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Kevin Scott Karsjens, Appellant,
Minn. Ct. App. 2019
“A defendant is entitled to summary judgment as a matter of law when the record reflects a complete lack of proof on an essentia l element of the plaintiff’s claim.”
- Lynn Baker Handelman-Seigel, Appellant, Minn. Ct. App. 2019
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In re the Appeal from the Order of the Joint Board of Kandiyohi and Meeker Counties Acting as …
Minn. Ct. App. 2019
Summary judgment should be granted for the defendant “when the record reflects a complete lack of proof on an essential element of the plaintiff’s claim.” see also DLH , d at 69-71 (detailing the summary-judgment standard).
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Sonja Jeanne Timmons, individually, and as mother and natural guardian of Jadyn Bentlie Haugen, Kaily Marie Timmons and …
Minn. Ct. App. 2018
While the supreme court has rejected but-for causation because “it converts events both near and far, which merely set the stage for an accident, into a convoluted series of causes of the accident,” see Lubbers v. Anderson , (quotation omitted), this case doe s not involve an attenuated causal chain like the one at issue in Lubbers.
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Manor Warehouse & Delivery, Inc., Appellant,
Minn. Ct. App. 2018
“In reviewing the record, we view the evide nce in the light most favorable to the party against whom summary judgment was granted.” d 398, 401 (Minn. 1995).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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James A. Compart, et al., Appellants,
Minn. Ct. App. 2018
In doing so, appellate courts “view the evidence in the light mos t favorable to the party against whom summary judgment was granted ,” 6 Lubbers v. Anderson , and resolve all doubts and factual inferences against the moving party, Rochester City Lines
- Paula Mirare Overby, Appellant, Minn. Ct. App. 2017
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EverStar, LLC, Appellant,
Minn. Ct. App. 2017
Summary judgment should be granted for the defendant “when the record reflects a complete lack of proof on an essential element of the plaintif f’s claim.”
- Senogles v. Carlson 902 N.W.2d 38 Minn. 2017
- Senogles v. Carlson 902 N.W.2d 38 Minn. 2017
- Fenrich v. Blake School 901 N.W.2d 223 Minn. Ct. App. 2017
- Fenrich v. Blake School 901 N.W.2d 223 Minn. Ct. App. 2017
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Mark Wilmes, Appellant,
Minn. Ct. App. 2017
“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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State of Minnesota, Respondent,
Minn. Ct. App. 2017
Conduct was the proximate cause of an injury where it “was a substantial factor in bringing about the injury.” Lubbers v. Anderson
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Mahfooz Y. Saad, Appellant,
Minn. Ct. App. 2017
“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.”
- Laila Jama, Appellant, Minn. Ct. App. 2017
- Harmon v. Commissioner of Revenue 894 N.W.2d 155 Minn. 2017
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Harmon v. Commissioner of Revenue
894 N.W.2d 155
Minn. 2017
v. Aquila Inc., (“We have held that, upon a motion for summary judgment, an adverse party cannot preserve a right to trial on the merits merely by referring to ‘unverified or conclusory allegations’ in the pleadings or by speculating about evidence that may be developed at trial.” ()).
- Sorchaga v. Ride Auto, LLC 893 N.W.2d 360 Minn. Ct. App. 2017
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Sorchaga v. Ride Auto, LLC
893 N.W.2d 360
Minn. Ct. App. 2017
Ride Auto argues that we may review the denial of summary judgment if the district court’s decision was “based on purely legal grounds,” rev’d and asserts that whether “the record reflects a complete lack of proof on an essential element of the plaintiffs claim” is a question of law
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Bethany Good, Appellant,
Minn. Ct. App. 2017
“A defendant is entitled to summary judgmen t as a matter of law when the record reflects a complete lack of proof on an essential element of the plaintiff’s claim.”
- 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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Jodi L. Toedter, Trustee for the Heirs and Next of Kin of Susan Ann Gray v. Winona County, …
Minn. Ct. App. 2017
(holding that summary disposition is appropriate when “the record reflects a complete lack of proof on an essential element of the plaintiff’s claim”).
- 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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Cheri Glassick v. Wells Federal Bank, Stewart Title Guaranty Company, Northwest Title Agency, Inc., Tim Breuer, Manufacturers Bank …
Minn. Ct. App. 2016
“Generally, proximate cause is a question of fact for the jury; however, where reasonable minds can arrive at only one conclusion, proximate cause is a question of law.” (citation omitted).
- Jennifer L. Mandel and Eric P. Mandel, Relators v. Commissioner of Revenue 888 N.W.2d 144 Minn. 2016
- Jennifer L. Mandel and Eric P. Mandel, Relators v. Commissioner of Revenue 888 N.W.2d 144 Minn. 2016