8 Minnesota opinions name it 2 courts 1984–2016 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.
| Case | Followed | Cited |
|---|---|---|
Randall v. Village of Excelsiorgreen2 sentences2016In Randall, the plaintiff attempted to bring a nuisance claim in place of the negligence claim, which was statutorily barred. 258 Minn. at 87 , 103 N.W.2d at 135 (“As much as we might wish to reach for the result plaintiff seeks, judicial restraint prevents us from doing so. 2016In Randall, the plaintiff attempted to bring a nuisance claim in place of the negligence claim, which was statutorily barred. 258 Minn. at 87 , 103 N.W.2d at 135 (“As much as we might wish to reach for the result plaintiff seeks, judicial restraint prevents us from doing so. | 2 | 2 |
Frazier v. Burlington Northern Santa Fe Corp.green1 sentence2015“The decision to deny a motion for a new trial rests in the discretion of the district court, and [appellate courts] will reverse that decision only for a clear abuse of that discretion.” Frazier v. Burlington N. Santa Fe Corp., 811 N.W.2d 618, 629 (Minn. 2012). 6 The Nygards argue that the district court deprived them of a fair trial.3 They maintain that the district court overlooked Minnesota Statutes section 216F.02, which they claim establishes their statutory right to maintain the wind turbine and which the district court should have reconciled with the nuisance claim.4 The Nygards also c | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Johnson v. Paynesville Farmers Union Cooperative Oil Co.
green
1 sentence2016Id. at 713 . | 1 | 2016–2016 |
Sletten v. Ramsey County
green
1 sentence2016On appeal from summary judgment, we assess whether “there are genuine issues of material fact and whether the district court erred in applying the law.” Sletten, 675 N.W.2d at 299 . | 1 | 2016–2016 |
Nathan Kariniemi v. City of Rockford
green
2 sentences2016Id. at 436 . 2016Kariniemi, 863 N.W.2d at 436 . | 1 | 2016–2016 |
Juan Edward Shariss v. City of Bloomington
green
1 sentence2015“In an official immunity analysis, notwithstanding the difference between negligence and nuisance, the focus is on the kind of discretion which is exercised for immunity to be available....” Id. at 305 . | 1 | 2015–2015 |
Mokovich v. Independent School District No. 22
green
2 sentences2004Dist. of Virginia, 177 Minn. 446 , 449, 225 N.W. 292 , 293 (1929) (adopting the rule of nonli-ability to a nuisance claim and noting that, with respect to the liability of counties, towns, and school districts, case law has made no distinction between nonliability for negligence and nuisance except when the tort causes injury to private property rights). 2004Dist. of Virginia, 177 Minn. 446 , 449, 225 N.W. 292 , 293 (1929) (adopting the rule of nonli-ability to a nuisance claim and noting that, with respect to the liability of counties, towns, and school districts, case law has made no distinction between nonliability for negligence and nuisance except when the tort causes injury to private property rights). | 1 | 2004–2004 |
Gleason v. Metropolitan Council Transit Operations
green
2 sentences2004Gleason, 582 N.W.2d at 219 . 2004Gleason, 582 N.W.2d at 219 . | 1 | 2004–2004 |
Olson v. Ramsey County
green
2 sentences2004Refusing to extend official immunity to Ramsey County under these facts would not deter the county’s compost workers’ performance by focusing “stifling attention on performance,” Olson, 509 N.W.2d at 372 , but would rather encourage these employees to comply with governmental permits, operating requirements, and facility design limitations, which were sufficiently certain and imperative. 2004Refusing to extend official immunity to Ramsey County under these facts would not deter the county's compost workers' performance by focusing "stifling attention on performance," Olson, 509 N.W.2d at 372 , but would rather encourage these employees to comply with governmental permits, operating requirements, and facility design limitations, which were sufficiently certain and imperative. | 1 | 2004–2004 |
Hubbard v. United Press International, Inc.
green
1 sentence1988II The Minnesota Supreme Court first recognized intentional infliction of emotional distress as an independent tort in Hubbard v. United Press International, 330 N.W.2d 428 (Minn.1983). | 1 | 1988–1988 |
Florida Lime & Avocado Growers, Inc. v. Paul
green
2 sentences1984Preemption of state law by federal statute or regulation is not favored “in the absence of persuasive reasons — either that the nature of the regulated subject matter permits no other conclusion, or that the Congress has unmistakably so ordained.” Florida Lime & Avocado Growers, Inc. v. Paul, 373 U.S. 132, 142 , 83 S.Ct. 1210, 1217 , 10 L.Ed.2d 248 (1963). 1984Preemption of state law by federal statute or regulation is not favored “in the absence of persuasive reasons — either that the nature of the regulated subject matter permits no other conclusion, or that the Congress has unmistakably so ordained.” Florida Lime & Avocado Growers, Inc. v. Paul, 373 U.S. 132, 142 , 83 S.Ct. 1210, 1217 , 10 L.Ed.2d 248 (1963). | 1 | 1984–1984 |
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.