Doug Hoskin, Appellant, vs. Josh Krsnak, et al., Respondents
Supreme Court of Minnesota
1. Because a plaintiff’s complaint need not anticipate and rebut an affirmative defense to survive a motion to dismiss based on that defense, a motion to dismiss based on an affirmative defense may be granted only if the allegations in the complaint, construed in the plaintiff’s favor, establish an unrebuttable defense. 2. Given our decision that the complaint was improperly dismissed based on the asserted affirmative defense, respondents Josh Krsnak and JT Manager, LLC, are…
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1. Because a plaintiff’s complaint need not anticipate and rebut an affirmative defense to survive a motion to dismiss based on that defense, a motion to dismiss based on an affirmative defense may be granted only if the allegations in the complaint, construed in the plaintiff’s favor, establish an unrebuttable defense. 2. Given our decision that the complaint was improperly dismissed based on the asserted affirmative defense, respondents Josh Krsnak and JT Manager, LLC, are no longer the “prevailing party” and are not entitled to contractual costs and attorney fees at this time. Reversed and…
1Opinion of the Court
STATE OF MINNESOTA IN SUPREME COURT A23-1275 Court of Appeals Procaccini, J. Took no part, Gaïtas, J. Doug Hoskin, Appellant, vs. Filed: September 10, 2025 Office of Appellate Courts Josh Krsnak, et al., Respondents. ________________________ Larina A. Alton, Lewis Brisbois Bisgaard & Smith LLP, Minneapolis, Minnesota, for appellant. Arthur G. Boylan, Ryan M. Lawrence, Kathryn E. Campbell, Anthony Ostlund Louwagie Dressen & Boylan P.A., Minneapolis, Minnesota, for respondents. ________________________ SYLLABUS 1. Because a plaintiff’s complaint need not anticipate and rebut an affirmative…
2Cases cited34 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Alan Schmidt v. John SkolasCourt of Appeals for the Third Circuit · 2014
- Greenlaw v. United StatesSupreme Court of the United States · 2008
- Harris v. City of New YorkCourt of Appeals for the Second Circuit · 1999
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