Cited by
Opinions in Minnesota that cite Uselman v. Uselman, 464 N.W.2d 130.
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Debra Ann Edwards, petitioner, Appellant,
Minn. Ct. App. 2026
9 erroneous view of the law or constitutes an abuse of discretion.”
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In the Marriage of:
Minn. Ct. App. 2026
(stating an evidentiary error must be both an abuse of discretion and prejudicial to warrant reversal); (stating an evidentiary error is not prejudicial unless it might reasonably have influenced the trier of fact and changed the resul
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Charles Ward, et al., Appellants,
Minn. Ct. App. 2025
“Even if a [district] court’s comments are not always appropriate, appellate courts will not intervene unless the comments were ‘prejudicial, biased or deprived plaintiffs of their right to a fair trial.’” ().
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In re the Trust of the Thomas Karakash Family Trust and the Ann Karakash Family Trust.
Minn. Ct. App. 2025
Sanctions are not appropriate where a party had “an objectively reasonable basis for pursuing a factual or legal claim.” -43 (Minn. 1990).
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In the Matter of: Maria Cristina Gallo-Valdivia, Appellant,
Minn. Ct. App. 2025
And “[a] reviewing court must generally 20 “Generally, a party who fails to remove a judge before the start of trial[ 7] has lost [their] opportunity to do so unless [the party] demonstrates prejudice or implied or actual bias.”
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Travis Widner, Appellant,
Minn. Ct. App. 2025
P. 11 (1989), “[a] party who has survived a summary judgment motion or a motion to dismiss certainly has no reason to believe that the court considers its claim or defense frivolous.” -45 (Minn. 1990) (quotation omitted).
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Lorob Properties LLC, et al., Respondents,
Minn. Ct. App. 2025
2(3), 3.10 Sanctions “should not be imposed when an attorney has an ‘objectively reasonable basis for pursuing a factual or legal claim or when a competent attorney could form a reasonable belief [that] a pleading is well-grounded’ in fact and law.” ().
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United Christian Fellowship Church, et al., Appellants,
Minn. Ct. App. 2025
Whether sanctions are warranted depends on whether the attorney had “an objectively reasonable basis for pursuing a factual or legal claim or whe n a competent attorney could form a reasonable belief a pleading is well-grounded in fact and law.” superseded by statute on other grounds as recognized in Radloff v. First Am.
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A24-0831
Minn. Ct. App. 2024
And a nonmonetary sanction may include “an order precluding the litigation of certain claims or defenses.” (quotation omitted), superseded by statute on other grounds as recognized in Radloff v. First Am.
- Maria Olson, et al., Appellants, Minn. Ct. App. 2024
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Merido Mazariegos, Appellant,
Minn. Ct. App. 2023
superseded by statute on other grounds as recognized in Radloff, d at 159.
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Janet C. Dreyer, et al., Appellants,
Minn. Ct. App. 2023
(stating failure to timely disclose witnesses may warrant the exclusion of their testimony); (noting that the rules of discovery are aimed at preventing “unjust surprise and prejudice at trial, especially where the testimony of expert w
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A22-1469
Minn. Ct. App. 2023
(concluding a party waives the right to remove a judge by proceeding without a timely assertion of the right); (stating that party failing to remove a judge before the start of trial waives the opportunity to do so as of right).
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Christopher Abdul-Haqq, et al., Respondents,
Minn. Ct. App. 2023
Because the witness was not timely disclosed, the district court did not abuse its discretion by excluding the testimony.3 (stating failure to timely disclose witnesses may warrant the exclusion of their testimony); (stating that trial by ambush is a disfavored trial strategy).
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In re the Margaret A. Flolid Trust Agreement Dated December 12, 1994.
Minn. Ct. App. 2022
A rule 11 violation does not require bad faith, but only a failure to “investigate the factual and legal underpinnings of a pleading” for which “ the imposition of sanctions is mandatory.”
- In the Matter of the Children of: S. L. L. and M. J. T., Parents. Minn. Ct. App. 2022
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Aaron Reimringer,
Minn. 2021
See, (applying a “subjective test” to determine the existence of bad faith under a statute permitting sanctions for attorney conduct).
- Emily Mae Peterson, Respondent, Minn. Ct. App. 2021
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A20-1212
Minn. Ct. App. 2021
d 130, 143 (Minn. 1990), superseded by statute on other grounds, Minn. Stat. § 549.21 9 (1990) (repealed 1997).
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In re the Matter of: Brian Eugene Wolf, petitioner, Appellant,
Minn. Ct. App. 2021
Uselman v. Uselman , see also Minn. R. Civ.
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
Because one of th e primary purposes of rule 11 is to deter litigation abuse, the district court or the injured party should provide notice of the alleged violation “as early as possible during the proceedings to provide the attorney and party the opportunity to correct future conduct.”
- TMT Management Group, LLC, et al., Appellants, Minn. Ct. App. 2020
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In the Matter of the Welfare of the Child of: V. N. M. and C. W. N., Parents.
Minn. Ct. App. 2019
3(b); see also Uselman v. Uselman , (“[A] party who fails to remove a judge before the start of 7 trial has lost its opportunity to do so unless it demonstrates prejudice or implied or actual bias.”).
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Franz J. Metzger, Appellant,
Minn. Ct. App. 2019
The Minnesota Supreme Court has cautioned that sanctionable conduct “should be construed somewhat narrowly —while 14 some sanctionable conduct might under these circumstances escape discipline, that is preferable to deterring legitimate or arguably legitimate claims.” 8 The Stearnses claim that Metzger’s appeal is “being made in bad faith; .
- Jeanne Shellum, et al., Respondents, Minn. Ct. App. 2019
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Heritage Bank, petitioner, Respondent,
Minn. Ct. App. 2018
“[A] party who fails to remove a judge bef ore the start of trial has lost i ts opportunity to do so unless it demonstrates prejudice or implied or actual bias.”
- In re Estate of: Alice I. Engman, Decedent. Minn. Ct. App. 2017
- In re Estate of: Alice I. Engman, Decedent. Minn. Ct. App. 2017
- The Bank of New York Mellon, as Trustee For The Certificateholders Of CWABS Inc., Asset-backed Certificates, Series 2007-6 … Minn. Ct. App. 2016
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The Bank of New York Mellon, as Trustee For The Certificateholders Of CWABS Inc., Asset-backed Certificates, Series 2007-6 …
Minn. Ct. App. 2016
(applying 8 federal caselaw interpreting Fed.
- Gordon Dodge v. Charlotte Stack Minn. Ct. App. 2016
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Gordon Dodge v. Charlotte Stack
Minn. Ct. App. 2016
(stating that a party who survived five motions for summary judgment or dismissal “with the major claims intact should not be subject to sanctions after trial predicated on these surviving claims”), superseded by statute on other grounds as stated in Radloff v. First Am.
- Shuqin Liu v. Waymouth Farms, Inc. Minn. Ct. App. 2016
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Shuqin Liu v. Waymouth Farms, Inc.
Minn. Ct. App. 2016
15, 2011), superseded by statute as stated in Radloff v. First Am.
- Randy Lubben v. Copart, Inc., Metro Salvage Pool, Inc. d/b/a Metro Remarketing, and Copart, Inc., Third Party v. … Minn. Ct. App. 2015
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Randy Lubben v. Copart, Inc., Metro Salvage Pool, Inc. d/b/a Metro Remarketing, and Copart, Inc., Third Party v. …
Minn. Ct. App. 2015
It is true that a violation of Rule 11 does not require bad faith but only a failure to “investigate the factual and legal underpinnings of a pleading” for which “the imposition of sanctions is mandatory.” superseded by statute on other 5 The district court denied Copart’s motion for sanctions and attorney fees, concluding that “[Lubben’s] arguments were non-frivolous under Minn. Stat. § 549.211(2) and were brought with a good faith basis under Minnesota law.” Copart did not file a notice of rev
- RKL Landholdings, LLC v. Seneca Specialty Insurance Company, 1563 University Ave, LLC Minn. Ct. App. 2015
- RKL Landholdings, LLC v. Seneca Specialty Insurance Company, 1563 University Ave, LLC Minn. Ct. App. 2015
- Ramsey County, Laniesha M. Williams v. Nathan D. Washington, Sr. Minn. Ct. App. 2014
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Ramsey County, Laniesha M. Williams v. Nathan D. Washington, Sr.
Minn. Ct. App. 2014
“A primary consideration is whether any claimed misconduct [by the district court] is so serious that it denies the litigants a fair trial.”
- Elfi E. Janssen v. Lommen, Abdo, Cole, King & Stageberg, P. A., Sibley Holdings, LLC Minn. Ct. App. 2014
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Elfi E. Janssen v. Lommen, Abdo, Cole, King & Stageberg, P. A., Sibley Holdings, LLC
Minn. Ct. App. 2014
But “beneficiaries of a trust cannot maintain an action at law against a third person who commits a tort or other wrong with respect to the trust property” unless “the trustee fails to bring suit against [the] third party tortfeasor.” -38 (Minn. 1990), superceded by statute on other grounds as recognized by Radloff v. First Am.
- In the Matter of the Cross Application of Anthony E. Sampair and Laurie K. Sampair to register the … Minn. Ct. App. 2014
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In the Matter of the Cross Application of Anthony E. Sampair and Laurie K. Sampair to register the …
Minn. Ct. App. 2014
(denying a motion for fees on appeal made under Rule 11 because the motion was beyond the scope of Rule 11), superseded by statute on other grounds, Minn.Stat.
- Guava LLC, Michael Dugas v. Spencer Merkel, Qwest Communications Corporation, Respondents,John Doe 173.23.48.174, John Doe 24.111.103.45, John Doe … Minn. Ct. App. 2014
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Guava LLC, Michael Dugas v. Spencer Merkel, Qwest Communications Corporation, Respondents,John Doe 173.23.48.174, John Doe 24.111.103.45, John Doe …
Minn. Ct. App. 2014
(“If the court chooses to impose a monetary sanction, it might consider the attorney’s or party’s ability to pay.” (emphasis added)).
- Kalenburg v. Klein 847 N.W.2d 34 Minn. Ct. App. 2014
- Kalenburg v. Klein 847 N.W.2d 34 Minn. Ct. App. 2014
- Collins v. Waconia Dodge, Inc. 793 N.W.2d 142 Minn. Ct. App. 2011
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Collins v. Waconia Dodge, Inc.
793 N.W.2d 142
Minn. Ct. App. 2011
to investigate the factual and legal underpinnings of a pleading.”