# Hoang Minh Ly v. Nystrom

> Supreme Court of Minnesota · August 3, 2000 · 615 N.W.2d 302

URL: https://www.frixlaw.com/law-library/cases/9687327

## Case

- **Full name:** Hoang Minh LY D/B/A Lee’s Garden, Petitioner, Appellant, v. Kim NYSTROM, Et Al., Respondents
- **Court:** Supreme Court of Minnesota
- **Decided:** August 3, 2000
- **Citations:** 615 N.W.2d 302; 2000 Minn. LEXIS 419; 2000 WL 1060508
- **Precedential status:** Published
- **Opinion:** Dissent by Gilbert
- **Judges:** Stringer, Gilbert
- **Cited by:** 146 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9687327

## How later opinions describe it (automated extraction)

- concluding that Ly, who was the buy er of a restaurant business, could not recover attorney fees in a subdivision 3a claim against the seller because the claim provided no benefit to the public
- concluding that there is no public benefit when party was defrauded “in a single one-on-one transaction in which the fraudulent misrepresentation . . . was made only to the appellant”
- noting the distinction between “experienced commercial parties and ordinary consumer transactions and finding that because the party was a consumer, not a merchant, the transaction fell within the scope of consumer transactions regulated by the Consumer Fraud Act
- holding that plaintiffs who bring claims under the private attorney general statute must also “demonstrate that their cause of action benefits the public”
- holding that the court must consider whether the cause of action benefits the public in awarding attorney fees under the private attorney general statute

## Opinion text

GILBERT, Justice
(dissenting).
I join in the concurrence and dissent of Justice Page.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9687327. Public record. Not legal advice.