Cited by

Opinions in Minnesota that cite Sterling Capital Advisors, Inc. v. Herzog, 575 N.W.2d 121.

25 citing documents.

Sibley Plaza Limited Partners, LP, et al., Respondents, Minn. Ct. App. 2026
Monica Mohn, et al., Appellants, Minn. Ct. App. 2025
Advisors, (demonstrating that a party’s use of discretion in exercising a contract right does not breach the implied covenant).
Amy Sweasy Tamburino, Appellant, Minn. Ct. App. 2024
James A. Hoffman, M.D., et al., Appellants, Minn. Ct. App. 2024
Advisors, (quotation omitted).
Central Specialties, Inc. v. Minnesota Department of Transportation Minn. Ct. App. 2024
Central Specialties, Inc. v. Minnesota Department of Transportation Minn. Ct. App. 2024
Three years after the Hennepin County opinion, this court considered a claim of breach of the implied covenant of good faith and fair dealing based on the defendants’ exercise of a contractual right to take certain actions “at [their] sole discretion.” Sterling Capital Advisors, (alteration in original).
JMH Land Development Company LLC, Respondent, Minn. Ct. App. 2023
Mesabi Metallics Company, LLC, et al., Appellants, Minn. Ct. App. 2022
Advisors, (quotation omitted).
Odyssey Medica_l Technologies, LLC, Appellant, vs. Medtronic, Inc., Respondent. Minn. Ct. App. 2022
Sterling Capital Advisors
GGG, Incorporation, Respondent, Minn. Ct. App. 2020
(denying unjust enrichment claim because “equitable relief cannot be granted where the rights of the parties are governed by a valid contract”); Sterling Capital Advisors, Inc. 23 v. Herzog, (“The existence of an express contract between the parties precludes recovery under the theories of quasi -contract, unjust enrichment, or quantum meruit.”).
Robert L. Meller, Jr., et al., Appellants, Minn. Ct. App. 2020
Sterling Capital A dvisors, Inc. v. Herzog
David Anderson, et al., Plaintiffs, Minn. Ct. App. 2019
“A party to a contract does not act in bad faith by asserting or enforcing legal and contractual rights.” Sterling Capital Advisors, (quotation omitted).
Higher Dimension Materials, Inc., Appellant, Minn. Ct. App. 2018
See Sterling Capital Advisors, (bad faith is not found base d on a mere mistake regarding one’s rights or duties).
Michael N. Palm, Sr. v. Calhoun Realty Company Minn. Ct. App. 2016
Michael N. Palm, Sr. v. Calhoun Realty Company Minn. Ct. App. 2016
“A party to a contract does not act in bad faith by asserting or enforcing its legal and contractual rights.” Sterling Capital Advisors, (quotation omitted).
Lions Park Apartments, LLC v. Midwest Family Mutual Insurance Company Minn. Ct. App. 2015
Lions Park Apartments, LLC v. Midwest Family Mutual Insurance Company Minn. Ct. App. 2015
See Sterling Capital Advisors
Cargill, Inc. v. Ace American Insurance Co. 766 N.W.2d 58 Minn. Ct. App. 2009
Cargill, Inc. v. Ace American Insurance Co. 766 N.W.2d 58 Minn. Ct. App. 2009
Sterling Capital Advisors, (stating that bad faith occurs when a party refuses to fulfill some duty or contractual obligation based on an ulterior motive, not an honest mistake regarding one’s rights or duties).
Minnwest Bank Central v. Flagship Properties LLC 689 N.W.2d 295 Minn. Ct. App. 2004
Minnwest Bank Central v. Flagship Properties LLC 689 N.W.2d 295 Minn. Ct. App. 2004
Sterling Capital Advisors
Prairie Island Indian Community v. Minnesota Department of Public Safety 658 N.W.2d 876 Minn. Ct. App. 2003
Prairie Island Indian Community v. Minnesota Department of Public Safety 658 N.W.2d 876 Minn. Ct. App. 2003
“Actions are done in ‘good faith when done honestly, whether it be negligently or not.’ ” Sterling Capital Advisors, (quoting Minn.Stat.
Bebo v. Delander 632 N.W.2d 732 Minn. Ct. App. 2001
Bebo v. Delander 632 N.W.2d 732 Minn. Ct. App. 2001
*739 See, e.g., Sterling Capital Advisors, (holding summary judgment proper where appellant had not shown breach of contract between shareholders and broker); R.A., Inc. v. Anheuser-Busch, Inc., (summary judgment fpr respondent upheld where unenforceable contract could not be breached and thus caused pla