Vicorp Restaurants, Inc. v. Bader

LAVORATO, Justice.

This appeal arises out of a franchise agreement. The franchisee appeals from the district court’s denial of his request for attorney fees on a limited remand from our court. He argues the district court should have awarded him attorney fees as the prevailing party pursuant to a fee-shifting provision in the agreement. We agree and reverse and remand for a determination of both trial -and appellate attorney fees.

I. Facts.

Vicorp Restaurants, Inc. operates approximately 100 Village Inn Restaurants. It also franchises more than 100 restaurants under the Village Inn name. James…