Cited by
Opinions in Minnesota that cite Bob Useldinger & Sons, Inc. v. Hangsleben, 505 N.W.2d 323.
-
Sylvester L Zurn, individually and as beneficiary of the Sylvester L. Zurn Trust, dtd December 30, 2002, et …
Minn. Ct. App. 2026
On summary 10 judgment, “[t]he nonmoving party must demonstrate that there is indeed a genuine issue of material fact.” Bob Useldinger & Sons
-
Anthony and Ruby Ngo v. State Farm Fire and Casualty Company
Minn. Ct. App. 2026
See Bob Useldinger & Sons, d 323, 328 (Minn. 1993) (“Mere speculation, without some concrete evidence, is not enough to avoid summary judgment.”).
-
Jennifer Odegaard v. 610 MOB Partners, LLC
Minn. Ct. App. 2026
But “[m]ere speculation, without some concrete evidence, is not enough to avoid summary judgment.” Bob Useldinger & Sons, see also Gradjelick v. Hance , (“A nonmoving party cannot defeat a summary judgment motion with unverified and conclusory allegations or by postulating evidence that might be developed at trial.”).
- Brenda Thormodson, et al v. Kathryn Rae Zehnder Minn. Ct. App. 2025
-
Brenda Thormodson, et al v. Kathryn Rae Zehnder
Minn. Ct. App. 2025
“Mere speculation, without some concrete evidence, is not enough to avoid summary judgment.” Bob Useldinger & Sons, (requiring more than “unverified and conclusory allegations”).
- Raymond Kvalvog v. Garth Unke, et al Minn. Ct. App. 2025
-
Steven Van Kuyk v. Linda Steen, et al
Minn. Ct. App. 2025
“Mere speculation, without some concrete evidence, is not enough to avoid summary judgment.” Bob Useldinger & Sons
-
Thomas Noree v. Philip Wong LLC, et al
Minn. Ct. App. 2025
Said otherwise, “[m]ere speculation, without some concrete evidence, is not enough to avoid summary judgment.” Bob Useldinger & Sons
-
Progressive Preferred Insurance Company v. Adventurer Manufacturing, Inc.
Minn. Ct. App. 2025
To meet its burden, the nonmoving party may not “rely upon speculation.” Limberg v. Mitchell , (quotation omitted); see also Bob Useldinger & Sons, (“Mere speculation, without some concrete evidence, is not enough to avoid summary judgment.”).
-
King’s Cove Marina, LLC v. Lambert Commercial Construction LLC., doing business as Lambert Construction, et al., United Fire …
Minn. Ct. App. 2025
at 321-22 (explaining that, although it had held in Bob Useldinger & Sons, , that a Miller-Shugart 7 We observe that, in its first appeal, King’s Cove urged the supreme court “to adopt a new rule in cases involving a single defendant” to allow district courts “to determine the reasonableness of a Miller-Shugart settlement agreement based on the value of the covered
-
David Schindele v. Build 218 LLC, et al
Minn. Ct. App. 2025
But it must have some foundation other than mere conjecture.” Bob Useldinger & Sons
-
James Thomas Miller v. Tarja L Lewis on Behalf of the Estate of Mark Thomas Pavelich, Deceased
Minn. Ct. App. 2024
To meet its burden, the nonmoving party may not “rely upon speculation.” (quotation omitted); see also Bob Useldinger & Sons, Inc. v. Hangsleben , (“Mere speculation, without some concrete evidence, is not enough to avoid summary judgment.”).
- Allen Logelin v. Randy J. Poynter Minn. Ct. App. 2024
-
Allen Logelin v. Randy J. Poynter
Minn. Ct. App. 2024
“Mere speculation, without some concrete evidence, is not enough to avoid summary judgment.” Bob Useldinger & Sons
- In the Matter of the Trust established under the Pooling and Servicing Agreement relating to the Wachovia Bank … Minn. Ct. App. 2024
-
In the Matter of the Trust established under the Pooling and Servicing Agreement relating to the Wachovia Bank …
Minn. Ct. App. 2024
“Summary judgment is not to be avoided simply because there is some metaphysical doubt as to a factual issue.” Bob Useldinger & Sons
-
Ana Thompson v. VIP Floral, Inc.
Minn. Ct. App. 2023
describing the “fresh ice” of the patch, that there was “a little bit of snow on the sides, like, just what they couldn’t get between the rocks and stuff.” Thompson’s assertion that a “dusting of snow” could have obscured the ice patch is thus, at best, speculation and, “without some concrete evidence, is not enough to avoid summary judgment.” Bob Useldinger & Sons, (stating that “evidence [that] is more speculative than probative” is insufficient to overcome summary judgment).
- Teresa M. Hintze, et al v. Karen A. Hoese, et al., Chad Harwood, et al., Dale W. Hoese, … Minn. Ct. App. 2023
-
Court of Appeals Gildea, C.J. Concurring, Chutich, Thissen, JJ. Lori Dowling Hanson
Minn. 2022
See Bob Useldinger & Sons, (“Mere speculation, without some concrete evidence, is not enough to avoid summary judgment.”).
-
Croix Holdings, LLC v. City of Newport
Minn. Ct. App. 2021
See Bob Useldinger & Sons, (“Mere speculation, without some c oncrete evidence, is not enough to avoid summary judgment.”).
-
Minn. 2021
But I disagree that appellant Virginia Staub has made a sufficient showing to raise her claim beyond “[m]ere speculation.” See Bob Useldinger & Sons, Inc. v. Hangsleben
-
Kathleen Corte v. Matthew Jon Larson, Kylie Rodgers Special Needs Trust
Minn. Ct. App. 2021
See Bob Useldinger & Sons, Inc. v. Hangsleben
-
King’s Cove Marina, LLC,
Minn. 2021
Bob Useldinger & Sons , Inc. v. Hangsleben
-
Trevor Johnson v. Mathiowetz Construction Company, PCiRoads, LLC
Minn. Ct. App. 2021
It would thus be “mere speculation” to conclude that the truck that Johnson saw dropping gravel on Lemond Road on the evening of the crash was PCi’s. See Bob Useldinger & Sons, Inc. v. Hangsleben , (“Mere speculation, without some concrete evidence, is not enough to avoid summary judgment.”).
-
Dr. Kimberly Finch v. Abbott Northwestern Hospital, et al
Minn. Ct. App. 2021
Bob Useldinger & Sons, Inc. v. Hangsleben
- Minnesota Sands, LLC, Minn. 2020
-
King’s Cove Marina, LLC v. Lambert Commercial Construction LLC, et al., United Fire & Casualty Company
Minn. Ct. App. 2019
Bob Useldinger & Sons, Inc. v. Hangsleben
-
Dorene Larson, as Trustee for the heirs of Megan Marie Lehner v. Joseph Robert Schramel, Ashley Marie Gieseke, …
Minn. Ct. App. 2019
v. Hangsleben, (stating that “[m]ere speculation, without some concrete evidence, is not enough to avoid summary judgment”).
-
Derby Construction v. Jade Lutzi Painting, LLC, Expert Insulation, Inc.
Minn. Ct. App. 2017
Useldinger & Sons, (M inn.
- Montemayor v. Sebright Products, Inc. 898 N.W.2d 623 Minn. 2017
- 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
See Bob Useldinger & Sons, (“Mere speculation, without some concrete evidence, is not enough to avoid summary judgment.”).
-
Bethany Good v. John Doe, Paul Christy
Minn. Ct. App. 2017
A. Genuine Issue of Material Fact To avoid summary judgment, a party must show more than “some metaphysical doubt as to a factual issue.” Bob Useldinger & Sons
- Ann Majerus v. Harvey L. Huyser, Barbara St. John, Tony Montgomery Realty and Auction Company, et al Minn. Ct. App. 2016
- Ann Majerus v. Harvey L. Huyser, Barbara St. John, Tony Montgomery Realty and Auction Company, et al Minn. Ct. App. 2016
- State Farm Fire and Casualty Company v. Joseph Otten, et al., Paul Braun Minn. Ct. App. 2016
-
State Farm Fire and Casualty Company v. Joseph Otten, et al., Paul Braun
Minn. Ct. App. 2016
The parties in Braun’s lawsuit entered a Miller-Shugart agreement1 in which the 1 When the insurer does not “wholeheartedly defend the insured,” the insured may enter a Miller-Shugart agreement with the claimant in which the claimant agrees only to “sue for the insurance proceeds to enforce the settlement.” Bob Useldinger & Sons, & n.2 (Minn. 1993); -36 (Minn. 1982).
- Robert L. Eggerichs v. The Auto Club Services, Inc. Minn. Ct. App. 2015
-
Robert L. Eggerichs v. The Auto Club Services, Inc.
Minn. Ct. App. 2015
But “[m]ere speculation, without some concrete evidence, is not enough to avoid summary judgment.” Bob Useldinger & Sons
- Franklin C. Olson v. Rustic Bar, Inc. Minn. Ct. App. 2015
-
Franklin C. Olson v. Rustic Bar, Inc.
Minn. Ct. App. 2015
D-1 Although it is true that, as the majority points out, all doubts and factual inferences must be resolved against the moving party, the nonmoving party cannot avoid summary judgment by relying on “[m]ere speculation, without some concrete evidence.” Bob Useldinger & Sons
- Diseworth at Somerby, a Planned Community v. Western National Mutual Insurance Company Minn. Ct. App. 2015
-
Diseworth at Somerby, a Planned Community v. Western National Mutual Insurance Company
Minn. Ct. App. 2015
See Bob Useldinger & Sons, (stating “[M]ere speculation, without some concrete evidence, is not enough to avoid summary judgment.”).
- Chad Schirmers v. County of Anoka Minn. Ct. App. 2015
-
Chad Schirmers v. County of Anoka
Minn. Ct. App. 2015
Bob Useldinger & Sons, (“Mere speculation, without some concrete evidence, is not enough to avoid summary judgment.”).
- FIA Card Services, N. A v. Charles T. Gholl Minn. Ct. App. 2014
- FIA Card Services, N. A v. Charles T. Gholl Minn. Ct. App. 2014
- MASTER BLASTER, INC. v. Dammann 781 N.W.2d 19 Minn. Ct. App. 2010
-
MASTER BLASTER, INC. v. Dammann
781 N.W.2d 19
Minn. Ct. App. 2010
See Bob Useldinger & Sons, (stating that “[m]ere speculation, without some concrete evidence, is not enough to avoid summary judgment”).
- Osborne v. Twin Town Bowl, Inc. 749 N.W.2d 367 Minn. 2008