subject matter inquiry (Minnesota) · Go Syfert
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subject matter inquiry in Minnesota

10 Minnesota opinions name it 2 courts 1911–2019 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 (4)

CaseFollowedCited
Otte v. Cooks, Inc.green
mnd · 1953 · cited in 3 Minnesota opinions naming this issue, 1987–2019
2 sentences

2019"Whether a particular claim is barred by an order of discharge or survives under the provisions of [the bankruptcy code], is not a matter with the exclusive jurisdiction of the Bankruptcy Court but may be decided by any court having jurisdiction of the subject matter of the claim and of the parties." Otte v. Cooks, Inc. , 113 F.Supp. 861 , 862 (D.

2015Whether a claim against a bankrupt person or entity is within the bankruptcy court’s exclusive jurisdiction is not solely for the bankruptcy court to decide, “but may be decided by any court having jurisdiction of the subject matter of the claim and of the parties.” Otte v. Cooks, Inc., 113 F. Supp. 861, 862 (D.

23
Wyatt v. Wyettgreen
minn · 1937 · cited in 3 Minnesota opinions naming this issue, 1939–2003
2 sentences

1947It is the rule however that the testimony of experts should not be received when the facts are such that, when placed before the jury and explained to them, they are as competent as the experts to form an opinion.” And in Westereng v. City of Morris, 205 Minn. 219, 222 , 285 N. W. 717, 719 , we stated: “The opinions of experts are admitted ‘in order to assist a jury [or other trier of facts] in arriving at the truth, and such evidence is admissible whenever the subject matter of the inquiry is such that inexperienced persons are unlikely to prove capable of forming a correct judgment upon it w

1947It is the rule however that the testimony of experts should not be received when the facts are such that, when placed before the jury and explained to them, they are as competent as the experts to form an opinion.” And in Westereng v. City of Morris, 205 Minn. 219, 222 , 285 N. W. 717, 719 , we stated: “The opinions of experts are admitted ‘in order to assist a jury [or other trier of facts] in arriving at the truth, and such evidence is admissible whenever the subject matter of the inquiry is such that inexperienced persons are unlikely to prove capable of forming a correct judgment upon it w

13
Harrison v. Donnellygreen
ca8 · 1946 · cited in 1 Minnesota opinions naming this issue, 1987–1987
1 sentence

1987Harrison v. Donnelly, 153 F.2d 588, 590 (8th Cir.1946), quoted in Poolman v. Poolman, 289 F.2d 332, 334 (8th Cir.1961).

11
Kathleen Poolman v. William F. Poolman, Bankruptgreen
ca8 · 1961 · cited in 1 Minnesota opinions naming this issue, 1987–1987
1 sentence

1987Harrison v. Donnelly, 153 F.2d 588, 590 (8th Cir.1946), quoted in Poolman v. Poolman, 289 F.2d 332, 334 (8th Cir.1961).

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 (9)

CaseCitedYears
Bernard M. Decker, United States District Judge v. Harper & Row Publishers, Inc. green
scotus · 1971
2 sentences

1981In the instant case, it is clear that the switching crew members are not within the “control group.” A second test, “the subject matter test,” was advanced in Harper & Row Publishers, Inc. v. Decker, 423 F.2d 487 (7th Cir. 1970), aff’d per curiam by an equally divided court, 400 U.S. 348 , 91 S.Ct. 479 , 27 L.Ed.2d 433 (1971).

1981In the instant case, it is clear that the switching crew members are not within the “control group.” A second test, “the subject matter test,” was advanced in Harper & Row Publishers, Inc. v. Decker, 423 F.2d 487 (7th Cir. 1970), aff’d per curiam by an equally divided court, 400 U.S. 348 , 91 S.Ct. 479 , 27 L.Ed.2d 433 (1971).

11981–1981
Harper & Row Publishers, Inc. v. Honorable Bernard M. Decker, United States District Judge green
ca7 · 1970
2 sentences

1981In the instant case, it is clear that the switching crew members are not within the "control group." A second test, "the subject matter test," was advanced in Harper & Row Publishers, Inc. v. Decker, 423 F.2d 487 (7th Cir. 1970), aff'd per curiam by an equally divided court, 400 U.S. 348 , 91 S.Ct. 479 , 27 L.Ed.2d 433 (1971).

1981In the instant case, it is clear that the switching crew members are not within the “control group.” A second test, “the subject matter test,” was advanced in Harper & Row Publishers, Inc. v. Decker, 423 F.2d 487 (7th Cir. 1970), aff’d per curiam by an equally divided court, 400 U.S. 348 , 91 S.Ct. 479 , 27 L.Ed.2d 433 (1971).

11981–1981
Upjohn Co. v. United States green
scotus · 1981
2 sentences

1981See Note, Attorney-Client Privilege in Corporate Clients; The Control Group Test, 84 Harv.L.Rev. 424, 432 (1970). [8] Recently, in Upjohn Co. v. United States, ___ U.S. ___, 101 S.Ct. 677 , 66 L.Ed.2d 584 (1981), the United States Supreme Court considered the scope of the attorney-client privilege in a corporate setting.

1981See Note, Attorney-Client Privilege in Corporate Clients; The Control Group Test, 84 Harv.L.Rev. 424, 432 (1970). [8] Recently, in Upjohn Co. v. United States, ___ U.S. ___, 101 S.Ct. 677 , 66 L.Ed.2d 584 (1981), the United States Supreme Court considered the scope of the attorney-client privilege in a corporate setting.

11981–1981
Sneda v. Libera neutral
minn · 1896
2 sentences

1947It is the rule however that the testimony of experts should not be received when the facts are such that, when placed before the jury and explained to them, they are as competent as the experts to form an opinion.” And in Westereng v. City of Morris, 205 Minn. 219, 222 , 285 N. W. 717, 719 , we stated: “The opinions of experts are admitted ‘in order to assist a jury [or other trier of facts] in arriving at the truth, and such evidence is admissible whenever the subject matter of the inquiry is such that inexperienced persons are unlikely to prove capable of forming a correct judgment upon it w

1947It is the rule however that the testimony of experts should not be received when the facts are such that, when placed before the jury and explained to them, they are as competent as the experts to form an opinion.” And in Westereng v. City of Morris, 205 Minn. 219, 222 , 285 N. W. 717, 719 , we stated: “The opinions of experts are admitted ‘in order to assist a jury [or other trier of facts] in arriving at the truth, and such evidence is admissible whenever the subject matter of the inquiry is such that inexperienced persons are unlikely to prove capable of forming a correct judgment upon it w

11947–1947
Westereng v. City of Morris neutral
minn · 1939
2 sentences

1947It is the rule however that the testimony of experts should not be received when the facts are such that, when placed before the jury and explained to them, they are as competent as the experts to form an opinion.” And in Westereng v. City of Morris, 205 Minn. 219, 222 , 285 N. W. 717, 719 , we stated: “The opinions of experts are admitted ‘in order to assist a jury [or other trier of facts] in arriving at the truth, and such evidence is admissible whenever the subject matter of the inquiry is such that inexperienced persons are unlikely to prove capable of forming a correct judgment upon it w

1947It is the rule however that the testimony of experts should not be received when the facts are such that, when placed before the jury and explained to them, they are as competent as the experts to form an opinion.” And in Westereng v. City of Morris, 205 Minn. 219, 222 , 285 N. W. 717, 719 , we stated: “The opinions of experts are admitted ‘in order to assist a jury [or other trier of facts] in arriving at the truth, and such evidence is admissible whenever the subject matter of the inquiry is such that inexperienced persons are unlikely to prove capable of forming a correct judgment upon it w

11947–1947
Tracey v. City of Minneapolis green
minn · 1932
2 sentences

1947Jur., Evidence, § 817, the rule is stated as follows: “The general rule is that opinions as to the cause of a particular occurrence or accident given by witnesses possessing peculiar skill or knowledge — that is, experts — are admissible where the subject matter is not one of common observation or knowledge, or, in other words, where witnesses because of peculiar knowledge are competent to reach an intelligent conclusion and inexperienced persons are likely to prove incapable of forming a correct judgment without skilled assistance. * * # * * “It is clear that an expert will not be permitted t

1947Jur., Evidence, § 817, the rule is stated as follows: “The general rule is that opinions as to the cause of a particular occurrence or accident given by witnesses possessing peculiar skill or knowledge — that is, experts — are admissible where the subject matter is not one of common observation or knowledge, or, in other words, where witnesses because of peculiar knowledge are competent to reach an intelligent conclusion and inexperienced persons are likely to prove incapable of forming a correct judgment without skilled assistance. * * # * * “It is clear that an expert will not be permitted t

11947–1947
Abrams v. Underwriters at Lloyd's neutral
minn · 1927
2 sentences

1933Abrams v. Underwriters at Lloyd’s, 170 Minn. 172 , 212 N. W. 189 ; Markham Shingle Co. v. Royal Ins.

1933Abrams v. Underwriters at Lloyd’s, 170 Minn. 172 , 212 N. W. 189 ; Markham Shingle Co. v. Royal Ins.

11933–1933
Walker v. Patterson green
minn · 1926
2 sentences

1928They rely upon the rule of Densmore Oil Co. v. Densmore, 64 Pa. 48 (followed here in Walker v. Patterson, 166 Minn. 215, 221 , 208 N. W. 3, 7 ) that in the organization of a partnership or association parties deal at arm’s length in a sale to the new concern of their own property, and “are not bound to disclose the profit which they may realize by the transaction.” , The subject matter of that rule, the only thing it secures to its beneficiaries and in respect to which it absolves them from the duty of disclosure, is the advantage or gain which may be made by them, in the organization of a par

1928They rely upon the rule of Densmore Oil Co. v. Densmore, 64 Pa. 48 (followed here in Walker v. Patterson, 166 Minn. 215, 221 , 208 N. W. 3, 7 ) that in the organization of a partnership or association parties deal at arm’s length in a sale to the new concern of their own property, and “are not bound to disclose the profit which they may realize by the transaction.” , The subject matter of that rule, the only thing it secures to its beneficiaries and in respect to which it absolves them from the duty of disclosure, is the advantage or gain which may be made by them, in the organization of a par

11928–1928
Anderson v. Fielding green
minn · 1904
2 sentences

1911Anderson v. Fielding, 92 Minn. 42 , 99 N. W. 357 , 104 Am.

1911Anderson v. Fielding, 92 Minn. 42 , 99 N. W. 357 , 104 Am.

11911–1911

Where else courts name it

TX 113 (1891–2026) PA 79 (1893–2026) IL 70 (1894–2025) OK 59 (1896–2011) NY 54 (1864–2026) CA 48 (1878–2026) GA 41 (1904–2016) VA 38 (1948–2023) FL 37 (1922–2022) MT 36 (1924–2021) MO 35 (1889–2022) CO 31 (1968–2010) MD 31 (1921–2024) OH 30 (1895–2026) IN 30 (1878–2025) NC 18 (1888–2026) CT 17 (1896–2022) MI 14 (1949–2023) NJ 13 (1941–2026) RI 13 (1909–2023) LA 13 (1943–2017) WA 12 (1899–2020) SC 12 (1906–2014) ID 12 (1919–2019) OR 12 (1893–2019) AL 12 (1848–2017) IA 11 (1931–2025) UT 11 (1903–2026) MA 10 (1875–2025) MN 10 (1911–2019) NM 9 (1937–2013) AR 9 (1896–1996) AZ 9 (1946–2018) MS 8 (1878–2019) WI 8 (1906–2010) VT 8 (1880–2015) HI 8 (1976–2013) KY 7 (1918–2026) TN 7 (1909–2024) ME 6 (1905–1973) NV 5 (1955–2017) DE 5 (1911–2026) NE 5 (1897–1956) WV 4 (1897–2022) WY 4 (1925–2005) DC 3 (1989–1995) KS 2 (1912–1923) NH 2 (1889–2010)

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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