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Full-Text Articles in Law
Essay: Recent Developments In Minnesota Dram Shop Law, Christopher E. Celichowski, Michael T. Johnson
Essay: Recent Developments In Minnesota Dram Shop Law, Christopher E. Celichowski, Michael T. Johnson
William Mitchell Law Review
Minnesota's Civil Damages Act is a creature of statute without counterpart in common law. The Act, referred to as the “Dram Shop Act,” is highly penal in nature and is intended to provide remedies for damages attributable to commercial lenders' illegal sale of intoxicating liquors. Since the Act's inception more than ninety-two years ago, Minnesota courts traditionally have construed it in a strict fashion. Over its long evolution, the “duet” of legislative action and court interpretation served to clarify several ambiguities within the Act. Despite precise and oftentimes circumstantial application, certain ambiguities remain. The following article will--in the context of …
The Expansion Of Punitive Damages In Minnesota: Environmental Litigation After Jensen V. Walsh , Alexandra B. Klass
The Expansion Of Punitive Damages In Minnesota: Environmental Litigation After Jensen V. Walsh , Alexandra B. Klass
William Mitchell Law Review
This article explains how the law of punitive damages has developed in Minnesota both before and after Jensen, and illustrates the significance of the Jensen case through a detailed discussion of the facts and outcome of the Kennedy Building Associates case. Section II of this article discusses the purpose of punitive damages, the process in Minnesota by which a punitive damages claim may be added to a case, and the circumstances under which punitive damages may be awarded. Section III of this article discusses the role of the courts in reviewing a jury's award of punitive damages in light of …
The Role Of Primary Assumption Of Risk In Civil Litigation In Minnesota, Michael K. Steenson
The Role Of Primary Assumption Of Risk In Civil Litigation In Minnesota, Michael K. Steenson
Faculty Scholarship
Assumption of risk has presented courts with considerable difficulty in defining its theoretical justification and its relationship to tort duty limitations and to the defense of contributory negligence. In Minnesota and elsewhere, assumption of risk has been applied inconsistently. Sometimes it seems to relate to the duty issue and sometimes it is linked to the defense of contributory negligence, but without a clear differentiation of which issue is involved. In Minnesota specifically, the Minnesota Supreme Court has acknowledged that inconsistency and the difficulty in applying the concept in cases spanning several decades. This article focuses on primary assumption of risk, …
Tort Law—The Motorist’S Guide To State Policy: Vehicle Owner Vicarious Liability Following Grants Of Initial Permission—Christensen V. Milbank Insurance Co., Christopher K. Iijima
Tort Law—The Motorist’S Guide To State Policy: Vehicle Owner Vicarious Liability Following Grants Of Initial Permission—Christensen V. Milbank Insurance Co., Christopher K. Iijima
William Mitchell Law Review
This note explores the Christensen decision and its effect on motor vehicle owner liability in Minnesota. First, the note presents a historical perspective from which to view the Christensen decision and Minnesota's motor vehicle liability and conversion laws. Next, the note summarizes the factual and procedural history of the Christensen case. Then the note discusses the Minnesota Supreme Court holding in Christensen. The note goes further to present a policy and legal analysis of the Christensen decision. Further, the note suggests an amendment to allow evenhanded treatment of vehicle owners, while satisfying state policy. The note concludes that the Christensen …