third element test (Minnesota) · Go Syfert
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third element test in Minnesota

6 Minnesota opinions name it 2 courts 1992–2025 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.

Followed or applied (2)

CaseFollowedCited
State v. Caldwellgreen
minn · 2011 · cited in 1 Minnesota opinions naming this issue, 2025–2025
1 sentence

2025See State v. Caldwell, 803 N.W.2d 373 , 389 n.6 (Minn. 2011) (explaining that the truncated recitation of the test in Warren “does not remove ‘not cumulative, impeaching, or doubtful’ from what must be proved”).

11
Odegard v. Finnegreen
minnctapp · 1993 · cited in 1 Minnesota opinions naming this issue, 2015–2015
1 sentence

2015Hubbard, 330 N.W.2d at 438-39 ; Odegard v. Finne, 500 N.W.2d 140, 144 (Minn. App. 1993) (affirming grant of summary judgment to defendant on IIED claim because plaintiff “failed to present any evidence linking her alleged damages to any actions” of defendant).

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 (4)

CaseCitedYears
State v. Griller green
minn · 1998
2 sentences

2013The defendant has the burden of proof on the third element of the test, and it is considered a “ ‘heavy burden.’ ” Ramey, 721 N.W.2d at 302 (quoting Griller, 583 N.W.2d at 741 ).

2012The defendant has the burden of proof on the third element of the test, and it is considered a “heavy burden.” Griller, 583 N.W.2d at 741 .

32012–2013
State v. Ramey green
minn · 2006
2 sentences

2013The defendant has the burden of proof on the third element of the test, and it is considered a “ ‘heavy burden.’ ” Ramey, 721 N.W.2d at 302 (quoting Griller, 583 N.W.2d at 741 ).

2012The defendant has the burden of proof on the third element of the test, and it is considered a “ ‘heavy burden.’ ” Ramey, 721 N.W.2d at 302 (quoting Griller, 583 N.W.2d at 741 ).

22012–2013
Hubbard v. United Press International, Inc. green
minn · 1983
1 sentence

2015Hubbard, 330 N.W.2d at 438-39 ; Odegard v. Finne, 500 N.W.2d 140, 144 (Minn. App. 1993) (affirming grant of summary judgment to defendant on IIED claim because plaintiff “failed to present any evidence linking her alleged damages to any actions” of defendant).

12015–2015
Demers v. City of Minneapolis green
minn · 1991
1 sentence

1992The same parties were involved in Demers v. City of Mpls., 468 N.W.2d 71 (Minn.1991).

11992–1992

Statutes the citing opinions construe

MN § Minn. Stat. § 609.185 (3) MN § Minn. Stat. § 609.19 (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

TX 36 (1990–2026) CA 25 (1953–2026) OH 14 (1997–2022) WI 13 (1974–2024) IL 10 (1985–2026) NC 9 (1990–2019) WA 9 (2007–2025) ME 6 (1992–2021) ID 6 (1995–2020) MI 6 (1989–2025) MN 6 (1992–2025) NY 6 (1973–2024) OR 5 (1999–2025) IA 4 (1980–2023) OK 4 (2005–2021) MD 4 (1969–2026) PA 4 (1983–2025) CT 4 (1995–2021) UT 4 (1983–2024) NJ 4 (1984–2021) GA 4 (1990–2026) NM 4 (2013–2013) CO 4 (1998–2025) FL 3 (1988–2003) KY 3 (2021–2025) SD 2 (2010–2026) WY 2 (2012–2016) HI 2 (1995–1995) MO 2 (1994–2007) AR 2 (1990–1996) NE 2 (1993–2016)

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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