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

8 Minnesota opinions name it 2 courts 1993–2018 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 (6)

CaseFollowedCited
Goldberger v. Kaplan, Strangis & Kaplan, P.A.green
minnctapp · 1995 · cited in 2 Minnesota opinions naming this issue, 2007–2008
2 sentences

2008In contrast, the court of appeals in Goldberger v. Kaplan, Strangis & Kaplan, PA. did not articulate a threshold requirement, but concluded that the Lucas factors determine whether a nonclient is a third-party beneficiary. 534 N.W.2d 734, 738 (Minn.App.1995). 5 .The Lucas court applied an additional factor not cited by the Marker opinion, namely, "whether the recognition of liability to beneficiaries of wills negligently drawn by attorneys would impose an undue burden on the profession.” 15 Cal.Rptr. 821 , 364 P.2d at 688 . 6 .

2008In contrast, the court of appeals in Goldberger v. Kaplan, Strangis & Kaplan, PA. did not articulate a threshold requirement, but concluded that the Lucas factors determine whether a nonclient is a third-party beneficiary. 534 N.W.2d 734, 738 (Minn.App.1995). 5 .The Lucas court applied an additional factor not cited by the Marker opinion, namely, "whether the recognition of liability to beneficiaries of wills negligently drawn by attorneys would impose an undue burden on the profession.” 15 Cal.Rptr. 821 , 364 P.2d at 688 . 6 .

22
Admiral Merchants Motor Freight, Inc. v. O'Connor & Hannangreen
minn · 1992 · cited in 2 Minnesota opinions naming this issue, 1995–2007
2 sentences

2007See, e.g., Admiral Merchs., 494 N.W.2d at 266 (citing Marker to note that an attorney may be liable to a third-party beneficiary “when the client’s sole purpose is to benefit the third party directly,” but proceeding to reverse summary judgment based on its application of the Lucas factors, including “the extent to which the transaction was intended to affect” the nonclient) (emphasis added).

2007See, e.g., Admiral Merchs., 494 N.W.2d at 266 (citing Marker to note that an attorney may be liable to a third-party beneficiary “when the client’s sole purpose is to benefit the third party directly,” but proceeding to reverse summary judgment based on its application of the Lucas factors, including “the extent to which the transaction was intended to affect” the nonclient) (emphasis added).

12
McIntosh County Bank v. Dorsey & Whitney, LLPgreen
minn · 2008 · cited in 1 Minnesota opinions naming this issue, 2018–2018
2 sentences

2018If the party satisfies that threshold requirement, we look to the so-called " Lucas factors" to ascertain "the extent of the duty" that the attorney owed to the third party. 5 Id.

2018Id. at 549 ("Because the respondents are not direct and intended beneficiaries, we do not reach the Lucas *502 factors.").

11
Estate of Petersongreen
minnctapp · 1998 · cited in 1 Minnesota opinions naming this issue, 2007–2007
2 sentences

2007See Estate of Peterson, 579 N.W.2d 488, 490 (Minn.App.1998) (stating that when there are no relevant facts in dispute, the existence of a contract is “solely a question of law to be determined by the court”), review denied (Minn. Aug. 18, 1998).

2007See Estate of Peterson, 579 N.W.2d 488, 490 (Minn.App.1998) (stating that when there are no relevant facts in dispute, the existence of a contract is “solely a question of law to be determined by the court”), review denied (Minn. Aug. 18, 1998).

11
Francis v. Pipergreen
minnctapp · 1999 · cited in 1 Minnesota opinions naming this issue, 2007–2007
2 sentences

2007Francis v. Piper, 597 N.W.2d 922, 924 (Minn.App.1999).

2007Francis v. Piper, 597 N.W.2d 922, 924 (Minn.App.1999).

11
Agins v. City of Tiburonred
scotus · 1980 · cited in 1 Minnesota opinions naming this issue, 1996–1996
2 sentences

1996See Agins v. City of Tiburon, 447 U.S. 255 , 263 n. 9, 100 S.Ct. 2138 , 2143 n. 9, 65 L.Ed.2d 106 (1980) (confining to cases of "extraordinary delay” the right to compensation for loss of property value during the process of governmental decisionmak-ing). 5 .

1996See Agins v. City of Tiburon, 447 U.S. 255 , 263 n. 9, 100 S.Ct. 2138 , 2143 n. 9, 65 L.Ed.2d 106 (1980) (confining to cases of "extraordinary delay” the right to compensation for loss of property value during the process of governmental decisionmak-ing). 5 .

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 (7)

CaseCitedYears
Lucas v. Hamm green
cal · 1961
2 sentences

2008In contrast, the court of appeals in Goldberger v. Kaplan, Strangis & Kaplan, PA. did not articulate a threshold requirement, but concluded that the Lucas factors determine whether a nonclient is a third-party beneficiary. 534 N.W.2d 734, 738 (Minn.App.1995). 5 .The Lucas court applied an additional factor not cited by the Marker opinion, namely, "whether the recognition of liability to beneficiaries of wills negligently drawn by attorneys would impose an undue burden on the profession.” 15 Cal.Rptr. 821 , 364 P.2d at 688 . 6 .

2008In contrast, the court of appeals in Goldberger v. Kaplan, Strangis & Kaplan, PA. did not articulate a threshold requirement, but concluded that the Lucas factors determine whether a nonclient is a third-party beneficiary. 534 N.W.2d 734, 738 (Minn.App.1995). 5 .The Lucas court applied an additional factor not cited by the Marker opinion, namely, "whether the recognition of liability to beneficiaries of wills negligently drawn by attorneys would impose an undue burden on the profession.” 15 Cal.Rptr. 821 , 364 P.2d at 688 . 6 .

32007–2018
Marker v. Greenberg green
minn · 1981
2 sentences

2018We adopted the Lucas factors in Marker v. Greenberg , 313 N.W.2d at 4 , 5 .

2018We adopted the Lucas factors in Marker v. Greenberg , 313 N.W.2d at 4 , 5 .

31995–2018
Woodbury Place Partners v. City of Woodbury green
minnctapp · 1992
2 sentences

1996In Woodbury Place Partners v. City of Woodbury, property owners sued the city, alleging an unconstitutional taking arising from an interim moratorium denied the owners economically viable use of their property for two years. 492 N.W.2d at 261 .

1996Id.

21993–1996
McIntosh County Bank v. Dorsey & Whitney, LLP green
minnctapp · 2007
2 sentences

2008The court of appeals noted that “Minnesota courts have been inconsistent in defining the proper role of the Lucas factors.” Id. 4 , *546 In Marker , a father retained an attorney for estate planning services, including a transfer of real estate to the father and son as joint tenants. 313 N.W.2d at 4 .

2008The court of appeals noted that “Minnesota courts have been inconsistent in defining the proper role of the Lucas factors.” Id. 4 , *546 In Marker , a father retained an attorney for estate planning services, including a transfer of real estate to the father and son as joint tenants. 313 N.W.2d at 4 .

12008–2008
Lucas v. South Carolina Coastal Council green
scotus · 1992
2 sentences

1996Lucas, 505 U.S. at 1027-31 , 112 S.Ct. at 2899-2901 .

1996Lucas, 505 U.S. at 1027-31 , 112 S.Ct. at 2899-2901 .

11996–1996
El Vocero De Puerto Rico v. Orsini green
scotus · 1993
2 sentences

1993In Woodbury Place Partners v. City of Woodbury, 492 N.W.2d 258 (Minn.App.1992), pet. for rev. denied (Minn. Jan. 15, 1993), cert. denied, — U.S. -, 113 S.Ct. 2929 , 124 L.Ed.2d 679 (1993), property owners brought an action against the city, alleging an unconstitutional taking arising out of a two-year moratorium on development.

1993In Woodbury Place Partners v. City of Woodbury, 492 N.W.2d 258 (Minn.App.1992), pet. for rev. denied (Minn. Jan. 15, 1993), cert. denied, — U.S. -, 113 S.Ct. 2929 , 124 L.Ed.2d 679 (1993), property owners brought an action against the city, alleging an unconstitutional taking arising out of a two-year moratorium on development.

11993–1993
Woodbury Place Partners v. City of Woodbury green
scotus · 1993
2 sentences

1993In Woodbury Place Partners v. City of Woodbury, 492 N.W.2d 258 (Minn.App.1992), pet. for rev. denied (Minn. Jan. 15, 1993), cert. denied, — U.S. -, 113 S.Ct. 2929 , 124 L.Ed.2d 679 (1993), property owners brought an action against the city, alleging an unconstitutional taking arising out of a two-year moratorium on development.

1993In Woodbury Place Partners v. City of Woodbury, 492 N.W.2d 258 (Minn.App.1992), pet. for rev. denied (Minn. Jan. 15, 1993), cert. denied, — U.S. -, 113 S.Ct. 2929 , 124 L.Ed.2d 679 (1993), property owners brought an action against the city, alleging an unconstitutional taking arising out of a two-year moratorium on development.

11993–1993

Where else courts name it

CA 14 (1968–2016) FL 12 (2001–2025) OH 11 (2000–2025) MN 8 (1993–2018) PA 7 (1965–2026) TX 7 (2007–2022) SC 5 (1995–2019) GA 4 (1985–2022) WA 4 (1992–2018) LA 3 (1984–2004) NY 3 (1962–2014) ND 3 (2008–2014) OR 3 (1993–2007) AL 3 (1988–2016) IL 3 (2020–2020) VA 3 (2011–2025) KS 3 (2002–2026) NJ 2 (1990–2002) MT 2 (2008–2008) NV 2 (2025–2025) AZ 2 (2014–2014) MA 2 (1997–2006) NM 2 (2006–2021) MI 2 (1925–2013) WY 2 (2004–2023) HI 2 (1998–2001)

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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