“Option to Renew” vs. “Option to Extend” – Eighth Circuit Affirms, Time For AMC Showcase to Pay Up

Long-time readers of Minnesota Litigator may recall reference to a case concerning the common paradox of commercial litigants both arguing that a contract is “unambiguous” with diametrically opposed explanations.

This was a case where the declaratory judgment plaintiff won before U.S. District Court Judge Ann D. Montogomery (D. Minn.) but its request for award of attorneys’ fees was postponed.  Now the landlord can tack on $45,000+ onto its tenant’s rent, owed due to AMC Showplace Theatre’s litigation loss.  The U.S. Court of Appeals for the Eighth Circuit has affirmed Judge Montgomery’s ruling in favor of Block E landlord, Camelot.  (StarTribune coverage is here.)