consideration factors (Minnesota) · Go Syfert
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consideration factors in Minnesota

18 Minnesota opinions name it 2 courts 1887–2018 0 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.

Followed or applied (11)

CaseFollowedCited
Associated Builders & Contractors v. Venturagreen
minn · 2000 · cited in 1 Minnesota opinions naming this issue, 2018–2018
1 sentence

2018See Associated Builders , 610 N.W.2d at 299 (explaining the consideration of this clause at the 1857 constitutional convention).

11
State v. Yanggreen
minn · 2009 · cited in 1 Minnesota opinions naming this issue, 2016–2016
1 sentence

2016See Yang, 774 N.W.2d at 554 (applying harmless error standard).

11
State of Minnesota v. Christopher Thomas Wenthegreen
minn · 2015 · cited in 1 Minnesota opinions naming this issue, 2016–2016
1 sentence

2016In effect, the district court read additional language into issue (10): “Was the testing method used valid and reliable and were the test results accurately evaluated?” became “Was the testing method used valid and reliable and, for test results of 0.08 or less, were the test results accurately evaluated?” But a court’s reading of a statute'may not “supply that which the legislature purposely omits or inadvertently overlooks.” State v. Wenthe, 865 N.W.2d 293, 304 (Minn.2015) (quotation omitted).

11
State v. Calmesgreen
minn · 2001 · cited in 1 Minnesota opinions naming this issue, 2015–2015
1 sentence

2015Cf. State v. Chaklos, 528 N.W.2d 225, 228 (Minn. 1995) (stating that, generally, the offender-related factor of particular unamenability to treatment in a probationary setting may be used to justify a dispositional departure, but not an upward durational departure, while offense-related aggravating factors may be used to support both a dispositional departure and an upward durational departure); State v. Calmes, 632 N.W.2d 641, 645 (Minn. 2001) (“The United States and Minnesota Constitutions, 1 This subsection applies if “the victim was eighteen or older.” If there were a victim under the age

11
State v. Chaklosgreen
minn · 1995 · cited in 1 Minnesota opinions naming this issue, 2015–2015
1 sentence

2015Cf. State v. Chaklos, 528 N.W.2d 225, 228 (Minn. 1995) (stating that, generally, the offender-related factor of particular unamenability to treatment in a probationary setting may be used to justify a dispositional departure, but not an upward durational departure, while offense-related aggravating factors may be used to support both a dispositional departure and an upward durational departure); State v. Calmes, 632 N.W.2d 641, 645 (Minn. 2001) (“The United States and Minnesota Constitutions, 1 This subsection applies if “the victim was eighteen or older.” If there were a victim under the age

11
State v. Stonegreen
minn · 1997 · cited in 1 Minnesota opinions naming this issue, 2007–2007
1 sentence

2007See Stone, 572 N.W.2d at 730 ((1) extent to which conduct directly threatens physical harm or invades others’ rights; (2) extent to which law allows for exceptions and exemptions; (3) actor’s blameworthiness; (4) nature and severity of potential penalties for violation of law).

11
State v. Hogangreen
minn · 1973 · cited in 1 Minnesota opinions naming this issue, 1997–1997
2 sentences

1997Ouk, 516 N.W.2d at 185 ; State v. Hogan, 297 Minn. 430, 440 , 212 N.W.2d 664, 671 (1973).

1997Ouk, 516 N.W.2d at 185 ; State v. Hogan, 297 Minn. 430, 440 , 212 N.W.2d 664, 671 (1973).

11
National Recruiters, Inc. v. Cashmangreen
minn · 1982 · cited in 1 Minnesota opinions naming this issue, 1996–1996
1 sentence

1996When the employer fails to inform prospective employees of noncompetition agreements until after they have accepted jobs, the employer “takes undue advantage of the inequality between the parties.” Id. (quoting National Recruiters , 323.

11
McClelland v. McClellandgreen
minnctapp · 1986 · cited in 1 Minnesota opinions naming this issue, 1987–1987
1 sentence

1987See McClelland II, 393 N.W.2d at 225 ; G.

11
Pugh v. See's Candies, Inc.green
calctapp · 1981 · cited in 1 Minnesota opinions naming this issue, 1983–1983
2 sentences

1983See Pugh v. See's Candies, Inc., 116 Cal.App.3d 311, 326 , 171 Cal. Rptr. 917, 925 (1981) (most likely explanation for the independent consideration rule is that it serves an evidentiary function, citing Bussard, supra ).

1983See Pugh v. See's Candies, Inc., 116 Cal.App.3d 311, 326 , 171 Cal. Rptr. 917, 925 (1981) (most likely explanation for the independent consideration rule is that it serves an evidentiary function, citing Bussard, supra ).

11
State ex rel. Boyd v. Matsongreen
minn · 1923 · cited in 1 Minnesota opinions naming this issue, 1976–1976
2 sentences

1976Boyd v. Matson, 155 Minn. 137, 141 , 193 N. W. 30, 32 (1923).

1976Boyd v. Matson, 155 Minn. 137, 141 , 193 N. W. 30, 32 (1923).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
State v. Goulette green
minn · 1977
1 sentence

2016A key consideration in this analysis is whether the plea “represents a knowing and intelligent choice of the alternative courses of action available.” Goulette, 258 N.W.2d at 761 .

12016–2016
In Re the Welfare of N.J.S. green
minn · 2008
2 sentences

2015Our interpretation here is consistent with our analysis in In re N.J.S., 753 N.W.2d 704 (Minn. 2008).

2015Our interpretation here is consistent with our analysis in In re N.J.S., 753 N.W.2d 704 (Minn.2008).

12015–2015
State v. Lindsey green
minn · 1991
1 sentence

2006Id. at 22 .

12006–2006
Wyoming State Board of Examiners of Optometry v. Pearle Vision Center, Inc. green
wyo · 1989
2 sentences

2003The court stated that “[t]he fact that the consideration for that privilege is based in part upon a percentage of the proceeds derived from furnishing optometric services does not make it an agreement for ‘splitting or dividing a fee’ any more than would a consideration for the sublease which was based in part upon a percentage of the optometrist’s income.” Id.

2003The court distinguished cases in which the facts were “sufficiently close to providing or referring patients.” Id. at 973 n. 1.

12003–2003
State v. Ouk green
minn · 1994
1 sentence

1997Ouk, 516 N.W.2d at 185 ; State v. Hogan, 297 Minn. 430, 440 , 212 N.W.2d 664, 671 (1973).

11997–1997
Sanborn Manufacturing Co. v. Currie green
minnctapp · 1993
1 sentence

1996When the employer fails to inform prospective employees of noncompetition agreements until after they have accepted jobs, the employer “takes undue advantage of the inequality between the parties.” Id. (quoting National Recruiters , 323.

11996–1996
In Re Marriage of Ross green
kan · 1989
2 sentences

1991Id. at 602 , 783 P.2d at 339 .

1991Id. at 602 , 783 P.2d at 339 .

11991–1991
Crawford v. Woodrich Construction Co. Inc. green
minn · 1953
2 sentences

1958In Crawford v. Woodrich Const. Co. Inc. 239 Minn. 12, 19 , 57 N. W. (2d) 648, 653 , we said: “A consideration of the rule as applied to the employees and the hazards, with reference to such mutual engagement, leads to the inevitable conclusion that the employees must be engaged in the performance of the same project of the employers.

1958In Crawford v. Woodrich Const. Co. Inc. 239 Minn. 12, 19 , 57 N. W. (2d) 648, 653 , we said: “A consideration of the rule as applied to the employees and the hazards, with reference to such mutual engagement, leads to the inevitable conclusion that the employees must be engaged in the performance of the same project of the employers.

11958–1958
Swanson v. J. L. Shiely Co. green
minn · 1951
2 sentences

1953Shiely Co. 234 Minn. 548, 558 , 48 N. W. (2d) 848, 854 , we reaffirmed the Gleason case and specifically stated that pursuant to § 176.06, subd. 1, “the legislature intended that an employe’s common-law right of action be eliminated only where two or more employers subject to the act are engaged on the same project and their employes are working together in such fashion that they are exposed to the same or similar hazards created by such mutual engagements and are exposed to the same risks of injury.” A consideration of the rule as applied to the employees and the hazards, with reference to su

1953Shiely Co. 234 Minn. 548, 558 , 48 N. W. (2d) 848, 854 , we reaffirmed the Gleason case and specifically stated that pursuant to § 176.06, subd. 1, “the legislature intended that an employe’s common-law right of action be eliminated only where two or more employers subject to the act are engaged on the same project and their employes are working together in such fashion that they are exposed to the same or similar hazards created by such mutual engagements and are exposed to the same risks of injury.” A consideration of the rule as applied to the employees and the hazards, with reference to su

11953–1953
M'Crea v. Purmort green
nycterr · 1836
1 sentence

1887McCrea v. Purmort, 16 Wend. 460 , ( 30 Am.

11887–1887

Statutes the citing opinions construe

MN § Minn. Stat. § 480A.08 (3)

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.

Where else courts name it

CA 119 (1856–2026) NY 105 (1843–2025) IL 104 (1883–2026) CT 74 (1941–2026) OH 68 (1903–2026) AL 67 (1855–2015) PA 65 (1923–2026) TX 64 (1884–2025) IN 45 (1857–2026) MI 42 (1908–2023) MO 37 (1876–2024) TN 35 (1986–2022) OR 34 (1888–2026) FL 32 (1879–2021) NJ 32 (1951–2022) VA 31 (1919–2026) GA 30 (1898–2021) NC 29 (1883–2021) WA 28 (1895–2025) KY 28 (1858–2026) LA 24 (1937–2024) MA 24 (1860–2023) MD 23 (1909–2016) AR 20 (1909–2026) CO 20 (1890–2025) WI 19 (1892–2022) MN 18 (1887–2018) SC 16 (1941–2022) ID 16 (1932–2019) UT 14 (1901–2025) NM 13 (1939–2021) WV 13 (1904–2026) IA 12 (1876–2021) RI 12 (1971–2014) OK 12 (1919–2010) MS 10 (1909–2025) AZ 10 (1989–2023) DC 9 (1988–2008) MT 9 (1929–2020) NE 9 (1906–2025) KS 9 (1963–2022) WY 7 (1912–2025) ME 6 (1969–2023) DE 6 (1962–2018) VT 6 (1850–2023) AK 4 (1986–2020) NH 3 (1984–2013) HI 3 (1920–2013) NV 3 (2013–2022) ND 3 (1919–2001) SD 2 (1959–2019) PR 2 (1916–1954)

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.

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