Legal Opinion · Dissent

Stand Up Multipositional Advantage MRI, P.A. v. American Family Insurance Company, a Wisconsin corporation, Michael Schultz, Ilya Knyazev, Thomas Bennerotte, Jed Benjamin Iverson, Gabriel Johnson, Michael Fay, Brad Ratgen, Landon Barakow, Lebertha Porter

Court of Appeals of Minnesota

Decided April 25, 2016No. A15-843Published

1DissentHooten, Judge

I respectfully concur in part and dissent in part. I agree with the majority'that the district court improperly granted summary judgment to SUMA, but unlike the majority, I would vacate the district court’s judgment on jurisdictional grounds. Because the Minnesota No-Fault Act provides the exclusive remedy and procedure for the payment of medical expenses arising out of an ■ automobile accident, and the no-fault act clearly provides that the medical expenses here were subject to mandatory arbitration, I would hold that the district court lacked subject matter jurisdiction and that the…

2Cases cited12 opinions

  1. Globecon Group, LLC v. Hartford Fire Insurance Company, Docket No. 04-4399-CvCourt of Appeals for the Second Circuit · 2006
  2. Staab v. Diocese of St. CloudSupreme Court of Minnesota · 2012
  3. Christianson v. HenkeSupreme Court of Minnesota · 2013
  4. Illinois Farmers Insurance Co. v. Glass Service Co.Supreme Court of Minnesota · 2004
  5. Tereault v. PalmerCourt of Appeals of Minnesota · 1987

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