# Johnson v. O'BRIEN

> Court of Appeals of Minnesota · March 15, 1988 · 420 N.W.2d 264

URL: https://www.frixlaw.com/law-library/cases/9884288

## Case

- **Full name:** David S. JOHNSON, Et Al., Respondents, v. Michael L. O’BRIEN, Defendant, Dain Bosworth, Incorporated, Appellant
- **Court:** Court of Appeals of Minnesota
- **Decided:** March 15, 1988
- **Citations:** 420 N.W.2d 264; 1988 Minn. App. LEXIS 318; 1988 WL 20551
- **Precedential status:** Published
- **Opinion:** Dissent by Forsberg
- **Judges:** Heard
- **Cited by:** 2 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/9884288

## Opinion text

FORSBERG, Judge
(dissenting):
I respectfully dissent. Wilko v. Swan, 346 U.S. 427 , 74 S.Ct. 182 , 98 L.Ed. 68 (1953), has been narrowly limited to its facts by Shearson/American Express, Inc. v. McMahon, — U.S.-, 107 S.Ct. 2332 , 96 L.Ed.2d 185 (1987). Wilko now stands only for the proposition that “where arbitration is inadequate to protect the substantive rights at issue,” then and only then is waiver of a judicial hearing barred. McMahon, 107 S.Ct. at 2339 .
This is not the case here, and the overwhelming policy favoring arbitration should be upheld.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9884288. Public record. Not legal advice.