McGrath v. TCF BANK SAV., FSB
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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.
(as of 9/30/2026)
Last cited by a Minnesota appellate court in 2017, among the opinions in this site’s citation index.
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Cases that cite this one
34 later published cases cite this decision. The 25 that cite it most often are listed here.
- Cox v. Crown CoCo, Inc. (Minn. Ct. App. 1996)
- LeBlond v. Greenball Corp. (D. Minn. 1996)
- Walton v. Medtronic USA, Inc. (D. Minn. 2023)
- Carter v. Peace Officers Standards & Training Board (Minn. Ct. App. 1997)
- Carter v. Peace Officers Standards & Training Board (Minn. Ct. App. 1996)
- Geraci v. Eckankar (Minn. Ct. App. 1995)
- Lapoint v. Orthodontics (Minn. 2017)
- Cameron Anderson v. North American Gear & Forge (Minn. Ct. App. 2016)
- Abdull v. Lovaas Institute for Early Intervention Midwest (8th Cir. 2016)
- Sharilyn Haggenmiller v. ABM Parking Services, Inc. (8th Cir. 2016)
- Eunice Smith, Relator v. Department of Employment and Economic Development (Minn. Ct. App. 2015)
- Jeffrey P. Kirk v. State of Minnesota, Department of Transportation (Minn. Ct. App. 2015)
- Nicole LaPoint v. Family Orthodontics, P. A. (Minn. Ct. App. 2015)
- Charles Pearson v. Rohn Industries, Inc. (Minn. Ct. App. 2015)
- Loralie Ann Musolf v. J.C. Penney Company, Inc. (8th Cir. 2014)
- Loralie Ann Musolf v. J.C. Penney Company, Inc. (8th Cir. 2014)
- Rochester City Lines, Co. v. City of Rochester (Minn. Ct. App. 2014)
- Mallon v. U.S. Physical Therapy, Ltd. (D. Minn. 2005)
- Charles S. Chadwell v. Koch Refining Company, Lp (8th Cir. 2001)
- Bebo v. Delander (Minn. Ct. App. 2001)
- Charles S. Chadwell v. Koch Refining Co. (8th Cir. 2001)
- Obst v. Microtron, Inc. (Minn. Ct. App. 1999)
- Smith v. DataCard Corp. (D. Minn. 1998)
- Brekke v. City of Blackduck (D. Minn. 1997)
- Julian Toney v. Wcco Television, Midwest Cable and Satellite, Inc., Also Known as Wcco Tv, Channel 4, Also Known as Iowcco Tv, Channel 411 (8th Cir. 1996)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
We entertain review on the petition for further review filed by the plaintiff John S. McGrath for the sole purpose of clarifying the decision of the court of appeals, McGrath v. TCF Savings Bank, 502 N.W.2d 801 (Minn.App. 1993) as it defined the scope of the remand for retrial on McGrath’s retalia *366 tory discharge claim. The court of appeals concluded that the instruction given “was in error because it did not require the jury to determine whether the reasons for McGrath’s discharge offered by TCF were pretextual.” McGrath, 502 N.W.2d at 807. Its explanation for that statement, however, misstates the McDonnell-Douglas method of proof, suggesting that an employer could avoid liability even if an illegitimate reason played a role in the discharge so long as the other proffered reason was not pretextual. McGrath v. TCF Savings Bank, 502 N.W.2d 801, 807 (footnote 2). As we made clear in Anderson v. Hunter, Keith, Marshall & Co., 417 N.W.2d 619 (Minn. 1988), even if an employer has a legitimate reason for the discharge, a plaintiff may nevertheless prevail if an illegitimate reason “more likely than not” motivated the discharge decision. Anderson, 417 N.W.2d at 627. See also Sigurdson v. Isanti County, 386 N.W.2d 715 (Minn. 1986).
We therefore modify the court of appeals’ decision to reflect our view that, on retrial, the jury should be instructed in accordance with the cumulative statements we have made in Anderson and Sigurdson. The petition for further review is, in all other respects, denied.
Court of appeals’ opinion modified.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.