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Lund v. Chicago and Northwestern Transportation Company

Minnesota Court of Appeals
467 N.W.2d 366 (1991)

Written by Kate Luck, JD

Facts

Richard Lund (plaintiff) was an employee of Chicago and Northwestern Transportation Company (the employer) (defendant). The employer held a meeting, at which Lund was not present, and posted a memorandum summarizing the meeting on the company bulletin board. One line of the memorandum read, “FAVORITISM, DICK LUND, SICK, MOVE-UPS, BROWN NOSE, SHIT HEADS.” Lund’s coworkers began harassing him after the memorandum was posted. Lund sued the employer for defamation and infliction of emotional distress. The trial court entered summary judgment for the employer because the statement contained in the employer’s memoranda was a constitutionally protected opinion and Lund failed to state a claim for infliction of emotional distress. Lund appealed.

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Holding and Reasoning (Mulally, J.)

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Dissent (Crippen, J.)

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