35 Minnesota opinions name it 2 courts 1940–2023 1 in the last five years
The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Marriage of Pikula v. Pikulared2 sentences2023See Pikula v. Pikula, 374 N.W.2d 705, 711 (Minn. 1985) (“The guiding principle in all custody cases is the best interest of the child.”); see also Minn. Stat. § 257C.04, subd. 1 (2022) (containing the best interests factors that the court must consider (and the GAL advises on) in custody cases, including but not limited to the child’s preference, interactions between the child and the parties, and the parties’ capacity to give the child love). 2015“The guiding principle in all custody cases is the best interest of the child.” Pikula v. Pikula, 374 N.W.2d 705, 711 (Minn. 1985). | 6 | 13 |
Berndt v. Berndtgreen2 sentences1987Even under Pikula, the guiding principle in all custody cases is the best interests of the child; and under the Minnesota Supreme Court’s prior interpretations of Minn.Stat. § 518.17, subd. 1, when the evidence indicates that both parents would be suitable custodians, the intimacy of the relationship between the primary parent and the child should not be disrupted “without strong reasons which relate specifically to the [primary] parent’s capacity to provide and care for the child.” Pikula v. Pikula, 374 N.W.2d 705, 711 (Minn.1985) (quoting Berndt v. Berndt, 292 N.W.2d 1, 2 (Minn.1980)). 1986In Pikula the supreme court noted that the guiding principle in all custody cases is the best interest of the child and that under section 518.17, subd. 1: the enumerated statutory criteria, even absent consideration of other relevant factors, mandate that, when the evidence indicates that both parents would be suitable custodians, the intimacy of the relationship between the primary parent and the child should not be disrupted “without strong reasons which relate specifically to the [primary] parent’s capacity to provide and care for the child.” Pikula, 374 N.W.2d at 711 (quoting Berndt v. Be | 5 | 7 |
Wilson v. Speergreen2 sentences2004“The guiding principle [of the parentage act] is that the best interests of the child are paramount.” Wilson v. Speer, 499 N.W.2d 850, 852 (Minn.App.1993), review granted (Minn. July 19, 1993), appeal dismissed (Minn. Aug. 16, 1993). 1995Wilson v. Speer, 499 N.W.2d 850, 852 (Minn. App.1993), pet. for rev. granted (Minn. July 19, 1993), appeal withdrawn (Aug. 16, 1993); see In re Welfare of C.M.G., 516 N.W.2d 555, 560 (Minn.App.1994) (child's best interest used to resolve conflicting paternity presumptions); Kelly v. Cataldo, 488 N.W.2d 822, 826 (Minn.App.1992) (same), pet. for rev. denied (Minn. Sept. 15, 1992); see also Deborah A. Ellingboe, Note, Sex, Lies and Genetic Tests: Challenging the Marital Presumption of Paternity Under the Minnesota Parentage Act, 78 Minn.L.Rev. 1013, 1044 (1994) (considering child's best interests | 2 | 2 |
Durkin v. Hinichgreen2 sentences2015Best interests “The guiding principle in all custody cases is the best interest of the child.” Durkin v. Hinich, 442 N.W.2d 148, 152 (Minn. 1989). 2007But the guiding principle in child-custody matters is to satisfy the best interests of the child, Durkin, 442 N.W.2d at 152 , and the law “leaves scant if any room for an appellate court to question the [district] court’s balancing of best-interests considerations.” Vangsness v. Vangsness, 607 N.W.2d 468, 477 (Minn.App.2000). | 1 | 2 |
United States v. Jonesgreen1 sentence2015The guiding principle of the property-rights theory is “that, when the Government . . . engage[s] in physical intrusion of a constitutionally protected area in order to obtain information, that intrusion may constitute a violation of the Fourth Amendment.” Id. at 951 (quotation omitted); see also Jardines, 133 S. Ct. at 1414 (using property-rights analysis to determine that police officers violated the Fourth Amendment by physically entering and occupying the defendant’s porch to gather information with a drug-sniffing dog). | 1 | 1 |
Florida v. Jardinesgreen1 sentence2015The guiding principle of the property-rights theory is “that, when the Government . . . engage[s] in physical intrusion of a constitutionally protected area in order to obtain information, that intrusion may constitute a violation of the Fourth Amendment.” Id. at 951 (quotation omitted); see also Jardines, 133 S. Ct. at 1414 (using property-rights analysis to determine that police officers violated the Fourth Amendment by physically entering and occupying the defendant’s porch to gather information with a drug-sniffing dog). | 1 | 1 |
Vangsness v. Vangsnessgreen1 sentence2007But the guiding principle in child-custody matters is to satisfy the best interests of the child, Durkin, 442 N.W.2d at 152 , and the law “leaves scant if any room for an appellate court to question the [district] court’s balancing of best-interests considerations.” Vangsness v. Vangsness, 607 N.W.2d 468, 477 (Minn.App.2000). | 1 | 1 |
In Re Trust Created by Annekegreen2 sentences2004To discern the testator’s intent, the trust instrument is read as a whole, “aided by surrounding circumstances, due weight being given to all its language, with some meaning being given, if possible, to all parts, expressions, and words used.” In re Anneke’s Trust, 229 Minn. 60, 71 , 38 N.W.2d 177, 183 (1949) (quotation omitted). 2004To discern the testator’s intent, the trust instrument is read as a whole, “aided by surrounding circumstances, due weight being given to all its language, with some meaning being given, if possible, to all parts, expressions, and words used.” In re Anneke’s Trust, 229 Minn. 60, 71 , 38 N.W.2d 177, 183 (1949) (quotation omitted). | 1 | 1 |
Matter of Kischelgreen1 sentence2004The guiding principle in construing a testamentary trust is to “give effect to the testator’s intent as expressed in the plain language of the will.” In re Kischel, 299 N.W.2d 920, 923 (Minn.1980). | 1 | 1 |
In Re the Welfare of C.M.G.green1 sentence1995Wilson v. Speer, 499 N.W.2d 850, 852 (Minn. App.1993), pet. for rev. granted (Minn. July 19, 1993), appeal withdrawn (Aug. 16, 1993); see In re Welfare of C.M.G., 516 N.W.2d 555, 560 (Minn.App.1994) (child's best interest used to resolve conflicting paternity presumptions); Kelly v. Cataldo, 488 N.W.2d 822, 826 (Minn.App.1992) (same), pet. for rev. denied (Minn. Sept. 15, 1992); see also Deborah A. Ellingboe, Note, Sex, Lies and Genetic Tests: Challenging the Marital Presumption of Paternity Under the Minnesota Parentage Act, 78 Minn.L.Rev. 1013, 1044 (1994) (considering child's best interests | 1 | 1 |
Kelly v. Cataldogreen1 sentence1995Wilson v. Speer, 499 N.W.2d 850, 852 (Minn. App.1993), pet. for rev. granted (Minn. July 19, 1993), appeal withdrawn (Aug. 16, 1993); see In re Welfare of C.M.G., 516 N.W.2d 555, 560 (Minn.App.1994) (child's best interest used to resolve conflicting paternity presumptions); Kelly v. Cataldo, 488 N.W.2d 822, 826 (Minn.App.1992) (same), pet. for rev. denied (Minn. Sept. 15, 1992); see also Deborah A. Ellingboe, Note, Sex, Lies and Genetic Tests: Challenging the Marital Presumption of Paternity Under the Minnesota Parentage Act, 78 Minn.L.Rev. 1013, 1044 (1994) (considering child's best interests | 1 | 1 |
Smith v. Knowlesgreen1 sentence1992See Smith v. Knowles, 281 N.W.2d 653, 656 (Minn.1979); Cornfeldt v. Tongen, supra. This court has reaffirmed the “more probable than not” standard for establishing causation in medical malpractice claims in case after case. | 1 | 1 |
Clark v. United Statesgreen2 sentences1991See Clark v. United States, 289 U.S. 1, 16 , 53 S.Ct. 465, 470 , 77 L.Ed. 993 (1933). 1991See Clark v. United States, 289 U.S. 1, 16 , 53 S.Ct. 465, 470 , 77 L.Ed. 993 (1933). | 1 | 1 |
Marriage of Regenscheid v. Regenscheidgreen2 sentences1987See Pikula, 374 N.W.2d at 714 (when no preference arises, the court must limit its inquiry to other indicia of parental fitness, under the guiding principle in all custody cases of the best interest of the child); Regenscheid v. Regenscheid, 395 N.W.2d 375, 379 (Minn.Ct.App.1986) (other indicia of parental fitness are addressed in Minnesota Statutes § 518.17, subdivision 1, which lists factors relevant to the best interest of the child), pet. for rev. denied (Minn. Dec. 23, 1986). 1987See Pikula, 374 N.W.2d at 714 (when no preference arises, the court must limit its inquiry to other indicia of parental fitness, under the guiding principle in all custody cases of the best interest of the child); Regenscheid v. Regenscheid, 395 N.W.2d 375, 379 (Minn.Ct.App.1986) (other indicia of parental fitness are addressed in Minnesota Statutes § 518.17, subdivision 1, which lists factors relevant to the best interest of the child), pet. for rev. denied (Minn. Dec. 23, 1986). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
International Shoe Co. v. Washington
green
2 sentences1965We think now, as we did in the Brooks case, that the guiding principle was laid down in International Shoe Co. v. *215 Washington, 326 U. S. 310, 316 , 66 S. Ct. 154, 158 , 90 L. ed. 95, 102, 161 A. L. 1965We think now, as we did in the Brooks case, that the guiding principle was laid down in International Shoe Co. v. *215 Washington, 326 U. S. 310, 316 , 66 S. Ct. 154, 158 , 90 L. ed. 95, 102, 161 A. L. | 2 | 1962–1965 |
J. McIntyre Machinery, Ltd. v. Nicastro
green
1 sentence2016Id. | 1 | 2016–2016 |
Duquesne Light Co. v. Barasch
green
2 sentences2013“The guiding principle has been that the Constitution protects utilities from being limited to a charge for their property serving the public which is so ‘unjust’ as to be confiscatory.” Duquesne Light Co. v. Barasch, 488 U.S. 299, 307 , 109 S.Ct. 609 , 102 L.Ed.2d 646 (1989) (quoting Covington & Lexington Tpk. 2013“The guiding principle has been that the Constitution protects utilities from being limited to a charge for their property serving the public which is so ‘unjust’ as to be confiscatory.” Duquesne Light Co. v. Barasch, 488 U.S. 299, 307 , 109 S.Ct. 609 , 102 L.Ed.2d 646 (1989) (quoting Covington & Lexington Tpk. | 1 | 2013–2013 |
Pennsylvania v. Mimms
green
2 sentences2010The guiding principle of our analysis under the Fourth Amendment is “the reasonableness in all the circumstances of the particular governmental invasion of a citizen’s personal security.” Pennsylvania v. Mimms, 434 U.S. 106, 108-09 , 98 S.Ct. 330, 332 , 54 L.Ed.2d 331 (1977) (quotation omitted). 2010The guiding principle of our analysis under the Fourth Amendment is “the reasonableness in all the circumstances of the particular governmental invasion of a citizen’s personal security.” Pennsylvania v. Mimms, 434 U.S. 106, 108-09 , 98 S.Ct. 330, 332 , 54 L.Ed.2d 331 (1977) (quotation omitted). | 1 | 2010–2010 |
Michael H. v. Gerald D.
green
2 sentences2004In Michael H. v. Gerald D., 491 U.S. 110, 119-120 , 109 S.Ct. 2333, 2340 , 105 L.Ed.2d 91 (1989), the court stated that a determination of parentage made pursuant to a state parentage act reflects a substantive rule of law based upon a determination by the Legislature as a matter of overriding social policy, that given a certain relationship between the husband and wife, the husband is to be held responsible for the child, and that the integrity of the family unit should not be impugned. 2004In Michael H. v. Gerald D., 491 U.S. 110, 119-120 , 109 S.Ct. 2333, 2340 , 105 L.Ed.2d 91 (1989), the court stated that a determination of parentage made pursuant to a state parentage act reflects a substantive rule of law based upon a determination by the Legislature as a matter of overriding social policy, that given a certain relationship between the husband and wife, the husband is to be held responsible for the child, and that the integrity of the family unit should not be impugned. | 1 | 2004–2004 |
Lawson Mardon Wheaton, Inc. v. Smith
green
1 sentence1999Lawson, 734 A.2d at 752 ; Balsamides, 734 A.2d at 738 . | 1 | 1999–1999 |
Matter of Trusts Created by Ferguson
green
1 sentence1999Id. | 1 | 1999–1999 |
Balsamides v. Protameen Chemicals, Inc.
green
1 sentence1999Lawson, 734 A.2d at 752 ; Balsamides, 734 A.2d at 738 . | 1 | 1999–1999 |
Northern States Power Co. v. Fidelity & Casualty Co. of New York
green
1 sentence1997Id. at 662-64 . | 1 | 1997–1997 |
Morey v. Peppin
green
2 sentences1993Id. at 25 . 1993Id. at 25 . | 1 | 1993–1993 |
Cornfeldt v. Tongen
green
1 sentence1992See Smith v. Knowles, 281 N.W.2d 653, 656 (Minn.1979); Cornfeldt v. Tongen, supra. This court has reaffirmed the “more probable than not” standard for establishing causation in medical malpractice claims in case after case. | 1 | 1992–1992 |
Malley v. Briggs
green
2 sentences1988The Court applied the Harlow test to police officers in Malley v. Briggs, 475 U.S. 335 , 106 S.Ct. 1092 , 89 L.Ed.2d 271 (1986), stressing objective reasonableness as the guiding principle. 1988The Court applied the Harlow test to police officers in Malley v. Briggs, 475 U.S. 335 , 106 S.Ct. 1092 , 89 L.Ed.2d 271 (1986), stressing objective reasonableness as the guiding principle. | 1 | 1988–1988 |
Rosenfeld v. Rosenfeld
green
2 sentences1985Berndt, 292 N.W.2d at 2 , citing Minn.Stat. § 518.17, subd. 1 (1976); Rosenfeld v. Rosenfeld, 311 Minn. 76 , 249 N.W.2d 168 (1976); LaBelle v. LaBelle, 296 Minn. 173 , 207 N.W.2d 291 (1973). 1985Berndt, 292 N.W.2d at 2 , citing Minn.Stat. § 518.17, subd. 1 (1976); Rosenfeld v. Rosenfeld, 311 Minn. 76 , 249 N.W.2d 168 (1976); LaBelle v. LaBelle, 296 Minn. 173 , 207 N.W.2d 291 (1973). | 1 | 1985–1985 |
LaBelle v. LaBelle
green
2 sentences1985Berndt, 292 N.W.2d at 2 , citing Minn.Stat. § 518.17, subd. 1 (1976); Rosenfeld v. Rosenfeld, 311 Minn. 76 , 249 N.W.2d 168 (1976); LaBelle v. LaBelle, 296 Minn. 173 , 207 N.W.2d 291 (1973). 1985Berndt, 292 N.W.2d at 2 , citing Minn.Stat. § 518.17, subd. 1 (1976); Rosenfeld v. Rosenfeld, 311 Minn. 76 , 249 N.W.2d 168 (1976); LaBelle v. LaBelle, 296 Minn. 173 , 207 N.W.2d 291 (1973). | 1 | 1985–1985 |
Steward MacHine Co. v. Davis
green
2 sentences1947Thomas Stores Sales System, Inc. v. Spaeth, 209 Minn. 504, 515 , 297 N. W. 9, 16 , we stated: “* * * Where the classification rests upon some reasonable difference there is no denial of equal protection of the law. * * * ‘Inequalities which result from a singling out of one particular class for taxation or exemption, infringe no constitutional limitation.’ ” (Citing Carmichael v. Southern Coal & Coke Co.) In line with the foregoing authorities, the United States Supreme Court has upheld the constitutionality of legislation classifying or distinguishing employers of eight or more persons from t 1947Thomas Stores Sales System, Inc. v. Spaeth, 209 Minn. 504, 515 , 297 N. W. 9, 16 , we stated: “* * * Where the classification rests upon some reasonable difference there is no denial of equal protection of the law. * * * ‘Inequalities which result from a singling out of one particular class for taxation or exemption, infringe no constitutional limitation.’ ” (Citing Carmichael v. Southern Coal & Coke Co.) In line with the foregoing authorities, the United States Supreme Court has upheld the constitutionality of legislation classifying or distinguishing employers of eight or more persons from t | 1 | 1947–1947 |
C. Thomas Stores Sales System, Inc. v. Spaeth
green
2 sentences1947Thomas Stores Sales System, Inc. v. Spaeth, 209 Minn. 504, 515 , 297 N. W. 9, 16 , we stated: “* * * Where the classification rests upon some reasonable difference there is no denial of equal protection of the law. * * * ‘Inequalities which result from a singling out of one particular class for taxation or exemption, infringe no constitutional limitation.’ ” (Citing Carmichael v. Southern Coal & Coke Co.) In line with the foregoing authorities, the United States Supreme Court has upheld the constitutionality of legislation classifying or distinguishing employers of eight or more persons from t 1947Thomas Stores Sales System, Inc. v. Spaeth, 209 Minn. 504, 515 , 297 N. W. 9, 16 , we stated: “* * * Where the classification rests upon some reasonable difference there is no denial of equal protection of the law. * * * ‘Inequalities which result from a singling out of one particular class for taxation or exemption, infringe no constitutional limitation.’ ” (Citing Carmichael v. Southern Coal & Coke Co.) In line with the foregoing authorities, the United States Supreme Court has upheld the constitutionality of legislation classifying or distinguishing employers of eight or more persons from t | 1 | 1947–1947 |
| Clark v. Paul Gray, Inc. green | 1 | 1940–1940 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.