Cited by
Opinions in Minnesota that cite Kaiser v. Northern States Power Co., 353 N.W.2d 899.
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In the Matter of the Minnesota Racing Commission’s Approval of Running Aces Casino, Hotel & Racetrack’s Amended Plan …
Minn. Ct. App. 2026
(stating that under collateral estoppel, “once an issue is determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation”).
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William Miller v. Public Storage, a foreign Real Estate Investment Trust and third-party plaintiff, vs. Penelope Isleman, third-party …
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 v. County of Becker, Thomas Alinder, et al., Gary Heitkamp Construction, Inc., et al., …
Minn. Ct. App. 2017
Kaiser v. N. Sta tes Power Co.
- Michael Otto Hartmann v. Minnesota Department of Agriculture, et al Minn. Ct. App. 2017
- Michael Otto Hartmann v. Minnesota Department of Agriculture, et al 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