Bill Text: MN HF747 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Attorney fee relation to damages awarded factor provided.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2012-02-01 - Author stricken Scalze [HF747 Detail]
Download: Minnesota-2011-HF747-Introduced.html
1.2relating to civil actions; providing a factor for determining the amount of attorney
1.3fees awarded in certain actions;proposing coding for new law in Minnesota
1.4Statutes, chapter 549.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [549.255] ATTORNEY FEES AWARDS.
1.7 Subdivision 1. Reasonable relation of fees to damages. When a statute provides
1.8for the award of attorney fees to a party that has recovered money damages, the court,
1.9in setting the amount of attorney fees, must, in addition to other factors, take into
1.10consideration the reasonableness of the attorney fees sought in relation to the amount of
1.11damages awarded to the prevailing party.
1.12 Subd. 2. Offer of judgment. If an offer of judgment is made by a party under Rule
1.1368 of the Rules of Civil Procedure to a party who claims money damages pursuant, in
1.14whole or in part, to a statute that provides for the award of attorney fees, and the party
1.15claiming attorney fees does not obtain a verdict in excess of the offer, exclusive of attorney
1.16fees, no attorney fees may be awarded for fees incurred after service of the offer of
1.17judgment. The party that rejects an offer of judgment must disclose the attorney fees it
1.18has incurred as of the date of the service of the offer of judgment within the time period
1.19provided by Rule 68 for the acceptance of an offer of judgment.
1.20 Sec. 2. EFFECTIVE DATE.
1.21Section 1 is effective August 1, 2011, and applies to actions commenced on or
1.22after that date.
1.3fees awarded in certain actions;proposing coding for new law in Minnesota
1.4Statutes, chapter 549.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [549.255] ATTORNEY FEES AWARDS.
1.7 Subdivision 1. Reasonable relation of fees to damages. When a statute provides
1.8for the award of attorney fees to a party that has recovered money damages, the court,
1.9in setting the amount of attorney fees, must, in addition to other factors, take into
1.10consideration the reasonableness of the attorney fees sought in relation to the amount of
1.11damages awarded to the prevailing party.
1.12 Subd. 2. Offer of judgment. If an offer of judgment is made by a party under Rule
1.1368 of the Rules of Civil Procedure to a party who claims money damages pursuant, in
1.14whole or in part, to a statute that provides for the award of attorney fees, and the party
1.15claiming attorney fees does not obtain a verdict in excess of the offer, exclusive of attorney
1.16fees, no attorney fees may be awarded for fees incurred after service of the offer of
1.17judgment. The party that rejects an offer of judgment must disclose the attorney fees it
1.18has incurred as of the date of the service of the offer of judgment within the time period
1.19provided by Rule 68 for the acceptance of an offer of judgment.
1.20 Sec. 2. EFFECTIVE DATE.
1.21Section 1 is effective August 1, 2011, and applies to actions commenced on or
1.22after that date.
