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Full-Text Articles in Law
Red Owl's Legacy, Gregory M. Duhl
Red Owl's Legacy, Gregory M. Duhl
Faculty Scholarship
In the early 1960s, Joseph Hoffman, a high school graduate, baker and father of seven, sought to obtain a Red Owl grocery store franchise in Wisconsin. He entered into negotiations with Red Owl Stores, Inc. after the franchisor assured him that the $18,000 he had to invest in the franchise was sufficient. Over the course of the negotiations, Red Owl encouraged Hoffman to sell his bakery, buy a small grocery store to gain experience in the grocery business, sell his grocery store three months later, and move his family to the desired location for his Red Owl franchise. The negotiations …
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 …
Minnesota And The American Rule: The Recoverability Of Attorneys’ Fees Following In Re Silicone Implant Insurance Coverage Litigation, John M. Bjorkman
Minnesota And The American Rule: The Recoverability Of Attorneys’ Fees Following In Re Silicone Implant Insurance Coverage Litigation, John M. Bjorkman
William Mitchell Law Review
In the United States, a successful litigant is generally not entitled to recover attorneys' fees from the opposing party absent specific statutory or contractual authorization. This basic principle is commonly referred to as the American Rule. Minnesota recognized and adopted the American Rule roughly 125 years ago. A limited number of exceptions to this longstanding rule exist, but Minnesota courts have generally been reluctant to expand or add to these exceptions. In Minnesota, an exception to the American Rule exists for fees incurred in a declaratory action to establish insurance coverage but only if the insurer has breached its duty …