Cited by
Opinions in Minnesota that cite Kaiser v. Northern States Power Co., 353 N.W.2d 899.
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William Miller, Appellant,
Minn. Ct. App. 2021
’s claim for partial summary judgment on respondent’s liability for the statutory violation after concluding that the claims in this case were brought by a m inor child and the claims in Isleman I were brought by an adult, so “none of the factual findings in [that case] are applicable to this case and collateral estoppel 11 does not apply” and quo ting from Kaiser v. N. States Power Co ., the principle that, “[a] basic prerequisite to the application of collateral estoppel is that the issue now
- Dwaine C. Ratfield, Kathleen M. Ratfield, individually and as trustees of the Dwaine and Kathleen Ratfield Living Trust … Minn. Ct. App. 2017
- All Finish Concrete, Inc. v. Erickson 899 N.W.2d 557 Minn. Ct. App. 2017
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All Finish Concrete, Inc. v. Erickson
899 N.W.2d 557
Minn. Ct. App. 2017
*567 (quotation" omitted).
- Kelly ex rel. Washburn v. Kraemer Construction, Inc. 896 N.W.2d 504 Minn. 2017
- Kelly ex rel. Washburn v. Kraemer Construction, Inc. 896 N.W.2d 504 Minn. 2017
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Joseph Roach, et al., Appellants,
Minn. Ct. App. 2017
Kaiser v. N. Sta tes Power Co.
- Michael Otto Hartmann v. Minnesota Department of Agriculture Minn. Ct. App. 2017
- Michael Otto Hartmann v. Minnesota Department of Agriculture Minn. Ct. App. 2017
- In re the Matter of the Petition of Nationstar Mortgage, LLC, For a New Certificate of Title After … Minn. Ct. App. 2015
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In re the Matter of the Petition of Nationstar Mortgage, LLC, For a New Certificate of Title After …
Minn. Ct. App. 2015
Res judicata applies only if a claim has been decided “by a court of competent jurisdiction.” (quotations omitted).
- In re the Matter of the Petition of Wells Fargo Bank, National Association, as Trustee. Minn. Ct. App. 2015
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In re the Matter of the Petition of Wells Fargo Bank, National Association, as Trustee.
Minn. Ct. App. 2015
Res judicata applies only if a claim has been decided “by a court of competent jurisdiction.”
- CitiMortgage, Inc., a New York corporation, in relation to Certificate of Title No. 27046 issued for land in … Minn. Ct. App. 2015
- CitiMortgage, Inc., a New York corporation, in relation to Certificate of Title No. 27046 issued for land in … Minn. Ct. App. 2015
- Rucker v. Schmidt 794 N.W.2d 114 Minn. 2011
- Rucker v. Schmidt 794 N.W.2d 114 Minn. 2011
- Burns v. Commissioner of Revenue 787 N.W.2d 164 Minn. 2010
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Burns v. Commissioner of Revenue
787 N.W.2d 164
Minn. 2010
(“Under collateral es-toppel or ‘issue preclusion,’ once an issue is determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different *167 cause of action involving a party to the prior litigation.”).
- Barth v. Stenwick 761 N.W.2d 502 Minn. Ct. App. 2009
- Barth v. Stenwick 761 N.W.2d 502 Minn. Ct. App. 2009
- State v. Lemmer 736 N.W.2d 650 Minn. 2007
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State v. Lemmer
736 N.W.2d 650
Minn. 2007
This court bases its privity determination on whether the party to be es-topped (1) had a controlling participation in the first action, (2) had an active self-interest in the previous litigation, or (3) had a right to appeal from a prior judgment
- Zurich American Insurance Co. v. Bjelland 710 N.W.2d 64 Minn. 2006
- Zurich American Insurance Co. v. Bjelland 710 N.W.2d 64 Minn. 2006
- Zurich American Insurance Co. v. Bjelland 690 N.W.2d 352 Minn. Ct. App. 2004
- Zurich American Insurance Co. v. Bjelland 690 N.W.2d 352 Minn. Ct. App. 2004
- Hauschildt v. Beckingham 686 N.W.2d 829 Minn. 2004
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Hauschildt v. Beckingham
686 N.W.2d 829
Minn. 2004
■ Fundamental to both doctrines “is that a ‘right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction * * * cannot be disputed in a subsequent suit between the same parties or their privies * * ” (quoting Montana v. United States, 440 U.S. 147, 153 , 99 S.Ct.
- Long v. Creighton 670 N.W.2d 621 Minn. Ct. App. 2003
- Long v. Creighton 670 N.W.2d 621 Minn. Ct. App. 2003
- Conwed Corp. v. Union Carbide Chemicals & Plastics Co. 634 N.W.2d 401 Minn. 2001
- Conwed Corp. v. Union Carbide Chemicals & Plastics Co. 634 N.W.2d 401 Minn. 2001
- Reil v. Benjamin 584 N.W.2d 442 Minn. Ct. App. 1998
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Reil v. Benjamin
584 N.W.2d 442
Minn. Ct. App. 1998
ANALYSIS Reil claims that the district court erred in precluding him from bringing a separate action
- Sayre v. McGOUGH CONST. CO., INC. 580 N.W.2d 503 Minn. Ct. App. 1998
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Sayre v. McGOUGH CONST. CO., INC.
580 N.W.2d 503
Minn. Ct. App. 1998
involved injured firefighters who brought an action against a third-party tortfeasor.
- Minnesota Brewing Co. v. Egan & Sons Co. 574 N.W.2d 54 Minn. 1998
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Minnesota Brewing Co. v. Egan & Sons Co.
574 N.W.2d 54
Minn. 1998
Thornton Bros. v. Reese, 188 Minn. 5, 8 , 246 N.W.
- Himes v. Woodings-Verona Tool Works, Inc. 565 N.W.2d 469 Minn. Ct. App. 1997
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Himes v. Woodings-Verona Tool Works, Inc.
565 N.W.2d 469
Minn. Ct. App. 1997
Collateral estoppel prevents relit-igation of a decided issue “in subsequent suits based on a different cause of action involving a party to the prior litigation.”
- Sorenson v. Visser 558 N.W.2d 773 Minn. Ct. App. 1997
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Sorenson v. Visser
558 N.W.2d 773
Minn. Ct. App. 1997
(no common enterprise found where firefighters performed different functions and encountered greater risks than NSP personnel in fighting gas fire); cf. Ritter v. M.A.
- O'MALLEY v. Ulland Bros. 549 N.W.2d 889 Minn. 1996
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O'MALLEY v. Ulland Bros.
549 N.W.2d 889
Minn. 1996
McCourtie, 253 Minn. at 506 , d at 556
- Bublitz v. Commissioner of Revenue 545 N.W.2d 382 Minn. 1996
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Bublitz v. Commissioner of Revenue
545 N.W.2d 382
Minn. 1996
The doctrine of collateral estoppel provides that the determination of an issue by a prior court “is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation.”
- Williams v. St. Paul Ramsey Medical Center, Inc. 530 N.W.2d 852 Minn. Ct. App. 1995
- Falgren v. STATE, BD. OF TEACHING 529 N.W.2d 382 Minn. Ct. App. 1995
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Falgren v. STATE, BD. OF TEACHING
529 N.W.2d 382
Minn. Ct. App. 1995
645, 651-52 , 58 L.Ed.2d 552 (1979)