IMPORTANT NOTICE
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Beginning no later than July 1, 2011, the appellate courts will send notices, orders, opinions and correspondence related to pending cases to attorneys in those cases by e-mail rather than postal mail. All attorneys with pending appellate cases who have not already registered an e-mail address should do so immediately. Unrepresented parties with pending appellate cases may also participate in this e-notification system by registering an e-mail address. Please go to the Clerk of Appellate Courts page for instructions how to register your e-mail address.
PREVIOUSLY PUBLISHED OPINIONS
Please visit the Minnesota State Law Library's Appellate Opinions Archive for previously published Supreme Court Opinions.
OPINIONS OF THE SUPREME COURT
FILED Wednesday, May 15, 2024
NOTICE - MEDIA RELEASE TIME IS 10:00 A.M.
NO OPINIONS FILED.
SPECIAL RELEASE OPINIONS FILED ON MAY 10, 2024
A21-0626 Drake Snell, et al., Appellants, vs. Tim Walz, Governor of Minnesota, in his official capacity, et al., Respondents.
Court of Appeals.
1. The scope of the issues preserved for consideration here, under an exception to the mootness doctrine, permits the review of whether the Emergency Management Act, Minn. Stat. §§ 12.01–.61 (2022), can, in the abstract, authorize a sitting governor to declare a peacetime emergency for a pandemic, whether Governor Walz was specifically authorized to declare a peacetime emergency in response to the COVID-19 pandemic, and whether the Act as a whole violates the nondelegation doctrine.
2. The Emergency Management Act authorizes the declaration of a peacetime emergency in response to a pandemic and did not require the Governor to make an evidentiary showing that the Act’s requirements were satisfied before declaring a peacetime emergency in response to the COVID-19 pandemic.
3. The Emergency Management Act does not provide for an unconstitutional delegation of legislative authority under the Minnesota Constitution.
Affirmed. Justice Gordon L. Moore, III.
Concurring, Justice G. Barry Anderson.
Took no part, Justice Karl C. Procaccini.
A22-1376 Judith Rygwall, as Trustee for the Heirs and Next of Kin of Amy Rygwall, deceased, Appellant, vs. ACR Homes, Inc. d/b/a ACR Homes,
Respondent.
Court of Appeals.
1. Minnesota Statutes section 145.682 (2022) did not modify the common-law standard for causation in medical malpractice cases to require plaintiffs to satisfy a more stringent burden of proof to establish causation than is required in other negligence cases.
2. A genuine issue of material fact over whether a health care provider caused injury to the decedent in a medical malpractice claim precluded summary judgment.
Reversed and remanded. Justice Paul C. Thissen.
Concurring in part, dissenting in part, Justice G. Barry Anderson, Chief Justice
Natalie E. Hudson.
A24-0216 Ken Martin, Petitioner, vs. Steve Simon, Minnesota Secretary of State, Respondent, The Legal Marijuana Now Party, Intervenor-
Respondent.
Original Jurisdiction.
1. The court has subject matter jurisdiction over this petition under Minn. Stat. § 204B.44 (2022).
2. Because the Legal Marijuana Now Party (LMNP) did not maintain a state central committee subject to the state convention’s control, as Minn. Stat. § 202A.12, subd. 2 (2022), requires, and the LMNP’s constitutional challenge to Minn. Stat. § 202A.12, subd. 2, fails, the LMNP has not satisfied the requirements to be a major political party under Minn. Stat. § 200.02, subd. 7(a) (Supp. 2023).
Petition granted; motion to dismiss denied. Per Curiam.
Took no part, Justice Margaret H. Chutich, Justice Karl C. Procaccini.
Opinion Sets
Opinion sets contain all opinions and orders. The sets are compressed into files that must be unpacked before opening them.
Opinion Set in a Zipped PDF Format
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ADMINISTRATIVE ORDERS
NO ADMINISTRATIVE ORDERS RECENTLY FILED
ORDERS ON PETITIONS FOR FURTHER REVIEW
FILED Wednesday, April 24, 2024
(Petitioner indicated in Italic Type)
Granted/Stayed
1. State of Minnesota vs. Devon Griffin Seivers – A22-0054
Issues: (1) Whether a child is “found” under Minn. Stat. § 627.15 based on where the child is physically located and physically residing or whether a child’s residence for “found” purposes under the statute is strictly where the custodial parent’s residence is, and (2) whether the denial of Mr. Seivers’ Brady demand for child protection records was contrary to law and a violation of due process, where the orders directly addressed the issue of venue based on the child’s residence and location when the alleged abuse occurred, when it was discovered, and when she was found.
Stayed Pending Final Disposition in State v. Paulson, No. A22-0632.
Denied
2. Adam Peter Flores vs. State of Minnesota – A24-0083
3. Dawn Pieper vs. Jacob Thomas Carlson – A23-0806
4. In the Matter of the Civil Commitment of: Norberto Hugo Salinas – A23-1371
5. In the Matter of the Civil Commitment of: Peter Allan – A23-1260
6. Lannon Lavar Burdunice vs. State of Minnesota – A23-0670
7. Nathan Wesley McDonald vs. State of Minnesota – A23-0385
8. Robert W. Starbeck, individually, and As Trustee of the Arthur C. Starbeck Trust under agreement Dated August 21, 2000 vs. Mary Gibson, et al.
- A23-0619
9. State of Minnesota vs. David Francis Chamberlain – A23-0155
10. State of Minnesota vs. Jeffrey Scott Baker – A23-0180
11. State of Minnesota vs. Justin Louis Hudak – A23-0468
12. State of Minnesota vs. Phillip James Merrill – A23-1220
13. State of Minnesota vs. Theodore James Kolk – A23-1090
14. State of Minnesota vs. Thomas David Fogel – A22-1615, A23-0754
15. Tyler Leibfried vs. City of Duluth, Department of Employment and Economic Development – A22-1724