Attorney Fee A wards in Minnesota Statutes

Transcription

1 HOUSE RESEARCH Information Brief ary ullen, Legislative Analyst Udated: July 2015 Attorney Fee A wards in innesota Statutes This information brief outlines the attorney fee rovisions found in innesota Statutes. After a summary of the various features of attorney fee statutes, a chart lists key features of statutory rovisions on the award of attorney fees in rivate actions as of the end of the 2015 regular and secial legislative sessions. Attorney fees are the monetary charge for legal work erformed by a lawyer on behalf of a client. Generally seaking, each arty to a civil lawsuit is resonsible for aying its own attorney fees, unless a statutory or contractual rovision rovides otherwise. 1 This rincile is known as the "American Rule." By requiring each arty to ay its fees individually, the American Rule seeks to discourage unnecessary litigation and abuse of the legal system. It also hels ensure that court roceedings are focused on the actual damages at issue in the litigation; the fees being charged by an attorney are not technically a art of a arty's damages. Statutory Attorney Fee Awards: Background Attorney fee statutes are an excetion to the common law American Rule that every litigant ays his or her own fees. It has been increasingly common for statutory causes of action, regulatory enforcement roceedings, and defenses to rovide for an award of attorney fees. When the legislature requires a loser to ay a winner's attorney fees, it does so to further a ublic olicy interest in the 1 Fownes v. Hubbard Broadcasting, inc., 246 N. W.2d 700, 702 (inn. 1976). Coies of this ublication may be obtained by calling This document can be made available in alternative formats for eole with disabilities by calling or the innesota State Relay Service at 711 or (TTY). any House Research Deartment ublications are also available on the Internet at: Research Deartment innesota House of Reresentatives 600 State Office Building

2 House Research Deartment Udated: July 2015 Attorney Fee A wards in innesota Statutes Page 2 winning aity's osition. In some contexts, this is known as encouraging individuals to act as "rivate attorneys general." A statute may rovide for whoever loses to ay the winner's attorney fees. ore often, a statute secifies that only a articular kind of winning arty will be awarded attorney fees. A statute may award fees only to a winning laintiff, because the legislature wants to encourage the enforcement of a secific kind of right. On the other hand, a statute may rovide for awarding attorney fees only to a winning defendant, if the desired ublic olicy is to discourage the bringing of unfounded lawsuits of a articular kind. Further, sometimes the statutes only authorize an award of attorney fees against a articular class of winners, such as the emloyee but not the emloyer or the government or nongovenunent arty in a given kind of suit. These choices reflect decisions about the olicy interests the legislature seeks to further by roviding for an award of attorney fees. Although the statutes generally require that the designated arty simly revail in order to be eligible for attorney fees, occasionally there is an additional requirement. For examle, in some cases the winner may only recover attorney fees if the loser acted in bad faith in bringing or defending the action. innesota statutory rovisions on attorney fees are more likely to authorize rather than require the court to award the fees, thus leaving the final decision in individual cases u to the court. However, nearly half the statutes mandate an award in secified situations. The amount of attorney fees that can be awarded is sometimes limited in the statutes by use of the word "reasonable." In rare instances the statutes secify a fee formula or an actual maximum dollar amount or hourly rate that may be awarded as attorney fees. Some attorney fee statutes do not rovide any guidance on the aroriate amount of fees to award. Excet when a secific amount.or formula is rovided, the usual ractice is for the court to review the statements submitted by the attorney and decide whether the amount requested is reasonable given the comlexity of the case, the amount of damages at issue and the result, the actual amount of work required, the exerience, reutation, and ability of the attorney, and the customary fee charged for similar services. 2 A rovision that sets a secific limit or rigid fee formula is at risk of being held unconstitutional under the state searation ofowers doctrine. Under this doctrine, the innesota Sureme Court, in its role as the branch of government resonsible for regulating attorneys, reserves final authority over attorney fee determinations. 3 A secific limit or formula is most likely to be uheld if it includes the ossibility ofjudicial review and dearture from the limit or formula where the amount would not otherwise adequately comensate the attorney. Courts also have the authority to award attorney fees to a arty even without a statutory rovision. The innesota 2 State by Head v. Paulson, 188 N. W.2d 424 (inn ). 3 Irwin v. Surdyk's Liquor and American Comensation lnsurance/rtw, Inc. 599 N.W.2d 132, 141 (inn. 1999). The innesota Sureme Court recently found in David v. Bartel Enterrises that the legislature's statutory formula was resumtively reasonable, and when correctly calculated, a review of the attorney fee award is unnecessary, barring excetional circumstances. David v. Bartel Enterrises, No. A , _ N. W.2d _, 2014 WL (inn. Nov. 26, 2014).

3 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 3 Rules of Civil Procedure ermit an award of fees as a sanction against a arty for misleading or otherwise interacting imroerly with the court or another arty to the litigation. The following chart summarizes attorney fee rovisions in innesota Statutes through the 2015 legislative session. The chart rovides a citation to each statute that rovides for a fee award and identifies the kind of civil lawsuit involved, whether the statute mandates or ermits the court to award fees, which arty will have its attorney fees aid, and whether the statute secifies any limit on the amount offees that can be aid. A statute is considered to "mandate" an award ifthe text directs a court to award fees or indicates that a arty is entitled to fees. A statute is considered "ermissive" if it grants the court discretion to determine on a case-by-case basis whether an award of fees is aroriate. Statutory sections are categorized based uon their subject matter; some sections are included in more than one category. Actions Involving Government Agriculture and Farm Business Alcohol, Tobacco, and Firearms... 8 Banking, Business, and Commerce... 9 Camaigns and Elections Consumer Protection and Debt Collection Data and Privacy Education Emloyment and Workers' Comensation Energy and Utilities...22 Environment, Natural Resources, and Land Use...23 Family Issues and Human Services...25 Health Care and Related Professions...28 Housing and Real Proerty... 3I Insurance anufacturing and Construction...38 iscellaneous Civil Actions otor Vehicles/Transortation Nonrofit/Charitable Organizations...44 Public Safety and Crime-Related Civil Actions

4 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 4 Attorney Fee Provisions in innesota Statutes andatory () Statute Section Tye of Action or Permissive (P) Who Gets Fees Limit on Fees Actions Involving Government 3.736, subd. 9 Settlement of tort claims against the state Emloyee who incurred attorney fees defending a tort in the scoe of emloyment Defense of criminal charges against a State officer or emloyee state officer or state emloyee in the course of emloyment 13.08, subds. 1 and 4 Government Data Practices Act: actions Aggrieved erson or reresentative of a dead for damages or to comel comliance erson who was damaged; government entity if court determines claim is frivolous , subd. 6 Comelling comliance with PI Substantially revailing comlainant, not Government Data Practices Act through to exceed the Office of Administrative Hearings $5, , subd. 14 Government Data Practices Act: Any erson from whom data was unreasonably withholding ublic data withheld 13D.06, subd. 4 Oen meeting law violation /P, deending Prevailing arty, excet a defendant can recover, on circumstances only if the laintiffs action was frivolous with a $13,000 at issue maximum Civil action or contested case brought by Prevailing arty other than the state if the state's or against the state osition was not substantially justified and secial circumstances do not make an award unjust I 5C.12 innesota False Claims Act Prevailing arty, excet the state or a olitical (claims against the state) subdivision may not be required to ay fees l 6A. 124, subd. 5 Vendor seeking romt ayment of state Any vendor who revails in a civil action agency bills against a state agency 16A.1245 Subcontractor suing a contractor for Subcontractor interest granted by statute for late ayments under state agency contracts

5 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 5 Statute Section Tye of Action l 6B.24, subd. Sb Claims arising from state emloyee fitness and wellness activities; ersons conducting classes and activities required to hold state harmless 60A.03 l, subd. 9 Action for defamation or other tort against the commerce commissioner for examining an insurance comany 1 l SB.444, subd. 1 State action against insurer for recovery of environmental resonse costs incurred by the state Eminent domain roceeding /P, deending on size of damage award , subd. 2 Action for failure to deliver ossession of real estate in an eminent domain case andatory () or Permissive (P) Who Gets Fees Limit on Fees State Prevailing commerce commissioner State Proerty owner Entity exercising eminent domain Only attorney fees incurred by the etitioner in getting ossession of the real estate Person comelling an acquiring entity to Petitioner initiate eminent domain roceedings , subd.2 Action against a commissioner who fails Owner of the roerty if roceedings are set to file a reort in eminent domain roceedings aside as to that owner , subd. 2 Dismissal of eminent domain case Owner l 23B.02, subd. 20 Reimbursement by school board to indeendent school district emloyee for defense of criminal charges brought against emloyee relating to emloyment District emloyee , art. XVII Action by Interstate Commission for enforcement of Interstate edical Licensure Comact Prevailing arty

6 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 6 andatory () Statute Section Tye of Action or Permissive (P) Who Gets Fees Limit on Fees 155A.33,subd. 6 Violation of laws and rules enforced by Cosmetologist Examiners Board the Cosmetologist Examiners Board , subd. 2 Actions involving workers' Secial comensation fund All funds aid to comensation from the secial the emloyee's comensation fund for uninsured and self-insured emloyers attorney through the secial comensation fund Action against a state military officer State , article XI Enforcement of Interstate Comact for Prevailing arty Juveniles 270C.63, subd. 15 Erroneous lien not released within 14 Proerty owner days after erroneous determination Cancellation oftax-forfeited land The county installment sale contracts by the state 326B.89, subd. 17 Recovering comensation aid by the State state from the contractor recovery fund due to false or misleading information 327C.095, subd. 12 Comelling a manufactured home ark Prevailing arty (d) owner to make owed ayments to the innesota anufactured Home Relocation Trust Fund 363A.42, subd. 3 Demand for equal access to government Plaintiff- qualified disabled erson ay not exceed records for individuals with disabilities $15, A.43,subd.2 Demand for equal access for individuals Plaintiff - qualified disabled erson ay not exceed with disabilities to continuing education, $15,000 rofessional develoment courses, offerings, materials or activities administered by a unit of government , subd. 4 Vendor seeking ayments delayed in bad Vendor faith by a municiality , subd. 4a Subcontractor seeking interest from a Subcontractor rime contractor of a municiality

7 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 7 Statute Section Tye of Action Subcontractor action for interest enalties against a rime contractor of a municiality Unjustifiable conduct that results in the aointment of a guardian or the issuance of a rotective order by the state for adult guardianshi , subd. 2 Action to enforce claims under the Public Contractors Performance and Payment Bond Act Agriculture and Farm Business andatory () or Permissive (P) Who Gets Fees Limit on Fees Subcontractor State Successful laintiff Imlied romise of good faith in Party to an agricultural contract damaged by the 18D.315, subd. 2 agricultural contracts contract To enforce ayment of a enalty for chemical liability Agriculture commissioner I Dairy trade ractices Person injured by a violation 35.95, subd. 6 Actions brought by the attorney general or county attorney against a erson who violates the animal health statute State, with consideration for the economic circumstance of 325E.065 Action against a farm equiment manufacturer for violating trade ractices law , subd. 2 Tamering with clock-hour meter on farm tractor 325F.6656, subd. 6 Action against a erson who violated the farm equiment warranty comliance law the defendant Farm equiment dealer Injured erson Damaged consumer

8 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 8 andatory () Statute Section Tye of Action or Permissive (P) Who Gets Fees Limit on Fees , subd. 1, IAction against a erson who sells Person damaged by sale ara. (n) farmland under certain circumstances , subd. 8 Agricultural roducer's lien Prevailing arty , subd. 2 Action against a erson, cororation, or Debtor , subd. 1 financial institution for requiring a waiver of an agricultural debtor's rights not authorized by law ediation in farm mortgage and contract for deed actions Court may assess fees among the arties l , subd. 3 Creditor who has not articiated in Debtor, if the creditor does not mediate in good farm mortgage mediation in good faith faith , subd. 4 Action for rustling and livestock theft Injured erson Alcohol, Tobacco, and Firearms 97B.066, subd. 11 Enforcement of a civil enalty against an intoxicated hunter , subd. 4 Action against an emloyer for refusing to hire or for discharging an emloyee for consuming or using lawful roducts such as tobacco and alcoholic beverages during nonwork hours , subd. 2 Action against an emloyer for violating dru_g and alcohol testing olicy 325B.08 Action by a wholesaler against a beer brewer who engages in rohibited conduct , subd. 1 Action against a violator of the Cigarette Sales Act , subd. 2 Action relating to unlawful cigarette trade ractices (economic damages/commercial injury) Political subdivision that imosed the civil enalty, if the enalty is not aid 30 days after it is imosed Prevailing arty Injured emloyee Wholesaler Plaintiff Injured erson

9 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 9 Statute Section Tye of Action andatory () or Permissive (P) Who Gets Fees Limit on Fees 325F.78 Action for an injunction rohibiting Attorney general violation of tobacco roducts distribution law , subd. 2a Smoking in nonsmoking hotel room Innkeeer ; not more than $ A.802, subd. 3 Action against a claimant who gave Licensee notice of a dram sho action to a liquor licensee in bad faith , subd. 8 Denial of etition by sheriff to revoke Permit holder erm it to carry , subd. 12(d) Petition by ermit holder to aeal Prevailing ermit holder revocation of ermit ,subd. 16(c) Denial of etition by sheriff to revoke out-of-state ermit to carry Permit holder Banking, Business, and Commerce 13B.06, subd. 10 Action against a financial institution for malicious use of data 47.20, subd. I 3a Usury by secified financial cororations , subd. 5 Action against a financial cororation for violating the rivacy of a customer' s account , subd. 7 Oen-end loan account arrangements by banks and trust comanies 53A. l 3, subd. 3 Action against a currency exchange for false ads or failure to give notice 60A.03 1, subd. 9 Action for defamation or other tort against the commerce commissioner for examining an insurance comany Account holder Persons who aid interest Customer Any bank or savings bank injured by violation of this section by another institution Person damaged by a violation Prevailing commerce commissioner

10 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page IO Statute Section Tye of Action andatory () or Permissive (P) Who Gets Fees Limit on Fees 62N.29, subd. 7 Protection, defense, or enforcement of a Commissioner of Commerce guarantee agreement between guaranteeing organization and community networks 80A.76 Civil action against a erson who Secified ersons damaged by a violation violates securities sale or urchase law related to the urchase or sale of a security 80C.146, subd. 3, and Service station franchise law violations Attorney general or any aggrieved arty who 80C. I 7, subd. 3 institutes an action , subd. I Action against any erson who enters Person seeking the continuing care into a contract for a continuing care facility without having first delivered a disclosure statement meeting the requirements of section E.05 Action to require motor vehicle makers Dealer to indemnify franchised dealers in damage actions 80E.l 7 otor vehicle franchise law violation Any erson whose business or roerty is injured by a franchise law violation 80F. l 7 otor vehicle fuel franchises; violation Prevailing arty (dealer or sulier, deending of rovisions on what is in marketing agreement) I \ 6J.994, subd. 11 State or local agency noncomliance Prevailing arty with business subsidy law 270C.445, subd. 7 Civil action for unfair, decetive, Prevailing laintiff unlawful trade ractice relating to tax rearation services 302A.461, subd. 4a Cororation seeking nondisclosure of Prevailing shareholder, beneficial owner, or cororate roceedings holder of voting trust certification 302A.467 Action against a cororation, officer, or Shareholder. director who violates a business cororation law 302A.521, subd. 2 Indemnification by cororation (with certain limitations) Person acting in former/resent official caacity

11 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 11 andatory () Statute Section Tye of Action or Permissive (P) Who Gets Fees Limit on Fees 302A.521, subd. 2 Third-arty indemnification by a Person threatened to be made arty to a cororation roceeding by reason of his or her official caacity 302A.751, subd. 4 Equitable cororate dissolution and other Any arty, if another arty did not act in good remedies faith 308A.941, subd. 4 Equitable dissolution of a cooerative Any arty, if another arty did not act in good and other remedies faith 308B.471, subd. 2 Indemnification by cooerative (with Person acting in former/resent official caacity certain limitations) 308B.501, subd. 4 Refusal by cooerative of right of Prevailing arty member to insect cooerative records 308B.93 l, subd. 4 Action brought under Cooerative Any other aggrieved arty to the disute, where Associations Act one arty is found to have acted in bad faith Derivative action under the Uniform Plaintiff Limited Partnershi Act 323A.0701 Action against artnershi relating to Any arty, if another arty did not act in good disassociated artner's interest faith 325A.09,subd. 5 Civil action against an invention Injured arty develoer 325B.08 Action by a wholesaler against a beer Wholesaler brewer who engages in rohibited conduct 325C.04 isaroriation of a trade secret Prevailing arty, ifthe oonent acted in bad faith 325D.40, subd. 1 Action against a violator ofthe Cigarette Plaintiff Sales Act 325D.42 l, subd. 2 Action relating to unlawful cigarette Injured erson trade ractices (economic damages/commercial injury) 325D.45, subd. 2 Action against a erson engaging in a Prevailing arty decetive trade ractice 325D.57 State antitrust law Injured erson, governmental body, or the state

12 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 12 Statute Section Tye of Action 325D.67, subd. 3 Petroleum discrimination between localities 325E.0684 Action against a manufacturer for damages from violations of trade ractice law 325E.1251, subd. 2 Violation of battery requirements by a manufacturer 325E. I 6, subd. 3 Civil action concerning trade ractices relating to odometers 325F.694, subd. 7 Civil action relating to false/misleading commercial electronic mail messages 325F.78 Action for an injunction rohibiting violation of distribution of tobacco roducts law 325G.34 Violation of the Plain Language Contract Act, class action andatory () or Permissive (P) Who Gets Fees Limit on Fees Purchaser, not less than $25 Equiment dealer State I Injured erson Prevailing arty Attorney general Consumer class, unless arty made good faith and reasonable effort to comly with law $10,000 in costs and attorney fees 325G.44 Action for damages under the credit card Any injured erson disclosure law 325K. l 8, subd. 2 Action to recover from the rincial the Claimant on a bond or letter of credit amount of a qualified right to ayment under the Elections Authentication Act 325N.06 Foreclosure consultant violations Foreclosed homeowner Action against a credit services Damaged buyer organization for violating the Credit Service Organization Act , subd. 5 I Business screening service; data Violated individual violation 332A.18, subd. 2 Debt management services; decetive Prevailing laintiff or class ractices Action to enjoin the use of a trademark Prevailing arty if other arty acted knowingly or in bad faith

13 House Research Deartment Attorney Fee A wards in innesota Statutes Udated: July 2015 Page 13 Statute Section Tye of Action andatory () or Permissive (P) Who Gets Fees Limit on Fees 336.4A-21 l Cancellation of a ayment order sent to a The bank bank 336.4A-305 Action against a receiving bank if a Sender of demand, under secified conditions demand is refused 336.4A-404 Bank refuses demand for interest Beneficiary of ayment, as secified Action for damages for breach connected Prevailing arty with a letter of credit , ara. (a) Action to recover against lost, stolen, or Bailee destroyed documents of title I Debtor's redemtion of collateral in a Secured arty secured transaction , subd. Sa Wrongfully executed mortgage ortgagee/assignee satisfaction certificate , subd. 12 Exedited review of financing Prevailing arty statements , subd. 2 Action against a erson, cororation, or Debtor financial institution for requiring a waiver of an agricultural debtor's rights where waiver is not authorized by law , subd. 11 Judgment creditor using a misleading Judgment debtor form , subd. 1 Foreclosure redemtion costs claimed by holder of sheriff's sale certificate, if claimed by certificate holder Holder of sheriff's certificate of sale or certificate of redemtion by junior creditor fees incurred after the sale; not more than onehalf the amount authorized by section Possession of mortgaged remises Receiver , subd. 1 ediation in farm mortgage and contract Assessed among the arties for deed actions , subd. 3 Creditor who has not articiated in farm mortgage mediation in good faith Debtor, ifthe creditor does not mediate in good faith

14 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 14 Statute Section Tye of Action andatory () or Permissive (P) Who Gets Fees Limit on Fees , subd. 2 Civil liability for issuance of a worthless Holder of the check, if issuer issued more than check $1,250 in dishonored checks within a six-month eriod , subd. 2 Fraudulent financing statements Injured arties , subd. 4 Racketeering Prosecuting authority Camaigns and Elections 1 OA.20, subd. 15 Failure to timely file camaign reorts (or follow notice rovisions) 204C.35,subd.2,and Discretionary election recount request by 204C.36, subd. 4 losing candidate 211 B.36, subd. 3 Frivolous comlaint of a local camaign finance law or fair camaign ractices violation Consumer Protection and Debt Collection Prevailing arty Governing body conducting the recount Resondent 8.31, subd. 3a Various consumer fraud, business, and Any erson injured by violation of the law trade regulations , subd. 6 Violation of laws governing short-term Short-term loan borrower loan contracts 149A.98 Funeral rovider fee collection Funeral rovider 270C.445, subd. 7 Civil action for unfair, decetive, Prevailing laintiff unlawful trade ractice relating to tax rearation services 270C.63, subd. 15 Erroneous lien not released within 14 Proerty owner days after erroneous determination , subd. 2 Action against a erson engaging in a Prevailing arty decetive trade ractice 325F.665, subd. 8 Action against arty who delayed settlement in consumer rotection action by asserting a frivolous claim Prevailing arty

15 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 15 Statute Section Tye of Action 325F.694, subd. 7 Civil action relating to false/misleading commercial electronic mail messages 325F.71, subd. 4 Civil action against a erson who fraudulently deceived a senior citizen or handicaed erson 325F. 755, subd. 7 Intentional violation of rize notices and solicitations law 325F.784, subd. 2 Violation ofregulations relating to rescrition drug discount cards andatory () or Permissive (P) Who Gets Fees Limit on Fees Prevailing arty Injured erson Person suffering ecuniary loss Plaintiff 325F.791, subd. 8 Pet dealer regulation Prevailing arty and not exceeding $ F.795, subd. 4 Action to recover damages for unauthorized ossession of merchandise Any erson injured 325G. I I 325G.207, subd. 3 allets Violation of home solicitation sales law Action for violation of law on assistive devices 325G.28, subd. 2 Civil action against a health, social referral, or buying club for violating the club contract law 325G.34 Violation of the Plain Language Contract Act, class action 325G.44 Action for damages under the credit card disclosure law Wrongful disclosure of video customer records Injured arty Consumer Injured erson Consumer class, unless arty made good faith and reasonable effort to comly with law Cost of investigation and attorney fees may not exceed $10,000 Any erson injured Consumer

16 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 16 Statute Section , subd. 4 Tye of Action Action to reossess roerty following debtor default Action for violation of the Credit Service Organization Act 332A. l 8, subd. 2 Debt management services; decetive ractices , subd. 2 Class action suit against debt settlement services roviders for unfair or decetive trade ractices Debtor's right to redeem collateral in a secured transaction Enforcement of a lien for attorney fees , subd. 5 Levy on ersonal roerty , subd. 12 Bad faith claim of exemtion on a ersonal roerty levy action ,subd. 10 Bad faith claim of exemtion of bank funds by a debtor , subd. 2 Action against a erson, cororation, or financial institution for requiring a waiver of an agricultural debtor's rights when waiver is not authorized by law , subd. 5 Attorney summary execution , subd. 11 Judgment creditor's use of a misleading form , subd. 13 Bad faith claim of exemtion in attorney summary executions , subd. 8 Bad faith claim of earnings exemtion from a creditor's claim , subd. 6 Bad faith garnishment claim , subd. 7 Creditor's use of a misleading form andatory () or Permissive (P) Who Gets Fees Secured arty Damaged buyer Prevailing laintiff or class Plaintiff or class Secured arty The attorney Judgment creditor in extraordinary cases Judgment creditor Judgment creditor Debtor Judgment creditor in extraordinary cases Judgment debtor Judgment creditor Judgment creditor Creditor Debtor ILimit on Fees Greater of $150 or one-half the amount authorized by section I

17 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 17 andatory () Statute Section Tye of Action or Permissive (P) Who Gets Fees Limit on Fees Wage garnishment summons Garnishee Against a creditor for serving a Debtor garnishment summons before entry of judgment , subd. 5 otion for rejudgment garnishment Debtor, if motion made in bad faith Data and Privacy 13.08, subds. 1 and 4 Action for damages or to comel Aggrieved erson or reresentative ofa dead comliance with Government Data erson who was damaged; government entity if Practices Act court determines claim is frivolous , subd. 6 Comelling comliance with PI Substantially revailing comlainant, not Government Data Practices Act through to exceed the Office of Administrative Hearings $5, , subd. 14 Withholding ublic government data Any erson from whom data was unreasonably withheld ,subd.10 Action against a financial institution for Account holder malicious use of data 47.69, subd. 5 Action against a financial cororation for Customer violating the rivacy of a customer's account , subd. 2 Unauthorized release of health Patient information or intentional, unauthorized access Action against an emloyer for Injured emloyee retaliating against an emloyee wh istleblower Deartment of Labor enforcement of State emloyee ersonnel records laws against emloyer

18 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 18 Statute Section Tye of Action ,subd. l Action against an emloyer for retaliating against an emloyee who asserting the right to review ersonnel records , subd. 3 Unlawful use of rotected genetic information , subd. 6 Noncomliance with access and use rovisions relating to emloyee assistance records 325!.03 Wrongful disclosure of video customer records Violation oflnternet rivacy laws relating to disclosure of ersonal information , subd. 5 Business screening service; data violation 363A.42, subd. 3 Demand for equal access to government records for individuals with disabilities 626A.391, subd. 1 Violation of rivacy using tra and trace device and mobile tracking device Education 81A.16, subd. 1 Violation of Uniform Athlete Agents Act by athlete agent or former student athlete , subd. 20 Reimbursement by school board to indeendent school district emloyee for defense of criminal charges brought against emloyee relating to emloyment 136A.131, subd. 4 Debt collection; civil action to reimburse the Office of Higher Education for overayment andatory () or Permissive (P) Who Gets Fees Limit on Fees Aggrieved emloyee Aggrieved erson Reciient of emloyee assistance services Consumer Prevailing arty Violated individual Plaintiff- qualified disabled erson ay not exceed $15,000 Injured arty Educational institution District emloyee Office of Higher Education

19 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 19 andatory () Statute Section Tye of Action or Permissive (P) Who Gets Fees Limit on Fees Civil action by a subcontractor to collect Prevailing subcontractor interest enalties from a rime contractor on a University of innesota contract 325E.33, subd. 5 Action to void an illegal student athletic Student athlete contract Emloyment and Workers' Comensation , subd. 20 Reimbursement by school board to District emloyee indeendent school district emloyee for defense of criminal charges brought against emloyee relating to emloyment Emloyment discrimination against Prevailing emloyee emloyee reviously subject to health quarantine , subd. 3 In a workers' comensation case, action Emloyer or attorney general against a arty to recover attorney fees on behalf of the secial comensation fund Action under workers' comensation in Emloyee or attorney reresenting emloyee Statutory general formula , subd. I Action against an emloyer for failing to Emloyee rovide medical aliances under workers' comensation , subd. 2 Actions involving workers' Secial comensation fund All funds aid comensation from the secial to the comensation fund for uninsured and self-insured emloyers emloyee's attorney through the secial comensation fund

20 House Research Deartment Attorney Fee A wards in innesota Statutes Udated: July 2015 Page 20 andatory () Statute Section Tye of Action or Permissive (P) Who Gets Fees Limit on Fees , subd. 8a Worker comensation claims; failure to Insurance Guaranty Association rovide files and data to Insurance Guaranty Association in a timely manner , subd. 1 Disute between two or more emloyers Prevailing arty or insurers regarding workers' comensation liability , subd. 3 Workers' comensation aeal Prevailing arty on aeal Action for civil damages for obstructing Emloyee an emloyee seeking workers' comensation benefits , subd. 10 Violation of minimum wage law Emloyee , subd. 4 Saleserson action against an emloyer Saleserson over disuted commission , subd. 3 Action against an emloyer who ays an Emloyee emloyee less than the wages and overtime comensation to which emloyee is entitled , subd. 3 Damages for violation of law requiring Any erson injured by a violation disclosures to food rocessing emloyees Action against any erson, firm, Emloyee association, or cororation for inducing a erson to enter emloyment using false statements , subd. 2 Action by an emloyee against an Emloyee emloyer for a rate of ay based on sex discrimination , subd. 4 Action against a construction bidder who Person injured fails to rovide workers' comensation , subd. 4 isreresentation of emloyment Plaintiff construction worker relationshi by emloyer; construction workers

21 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 21 Statute Section Tye of Action , subd. 4 Action for damages due to olygrah tests of emloyees or rosective emloyees , subd. 2 Action against an emloyer by an emloyee for age discrimination , subd. 2 Action by migrant worker against an emloyer for wage violations Action against an emloyer for retaliating against an emloyee whistleblower Action against an emloyer for retaliation against an emloyee who declines to make a charitable contribution , subd. 4 Action against an emloyer for refusing to hire or for discharging an emloyee for consuming or using lawful roducts such as tobacco and alcoholic beverages during nonwork hours Action against an emloyer for violating arts of the wage disclosure rotection law, nursing mother's accommodations, or the Pregnancy and Parenting Leave Act , subd. 2 Action against an emloyer for violating drug and alcohol testing olicy Enforcement by Deartment of Labor for violations by emloyers relating to emloyee ersonnel records , subd. 1 Action against an emloyer who retaliated against an emloyee for asserting the right to review ersonnel records andatory () or Permissive (P) Who Gets Fees Limit on Fees Any erson injured by a violation Emloyee Worker Injured emloyee Injured emloyee Prevailing arty Person injured by the violation Injured emloyee State Aggrieved emloyee

22 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 22 Statute Section Tye of Action andatory () or Permissive (P) Who Gets Fees Limit on Fees , subd. 6 Noncomliance with access and use Reciient of emloyee assistance services rovisions relating to emloyee assistance records Civil action against an emloyer for Injured emloyee or the Commissioner of Labor discharging or discriminating against an emloyee for exercising a right under the state Occuational Safety and Health Act and Industry Injunction arising from a labor disute Defendant , subd. 4 Unemloyment insurance tax collection Deartment of Emloyment and Economic Develoment , subd. 1 Enforcement of suboena related to the Commissioner of Revenue administration of the innesota unemloyment insurance rogram 325E.37, subd. 5 Wrongful termination of sales I Prevailing sales reresentative; revailing other reresentatives arty if comlaint was frivolous Workers' comensation; insurer or selfinsured Attorney emloyer to ay attorney fees associated with the aointment of a guardian or conservator Wage garnishment summons Garnishee , subd. 3 Action for wrongful termination due to Emloyee jury duty , subds. 10 and 17 Action against an emloyer or a county for retaliating against an emloyee for reorting maltreatment of a vulnerable adult Emloyee Energy and Utilities 216B.16, subd. 3 Action against a ublic utility that has failed to make rate refunds within the time eriod rescribed by the Public Utilities Commission Public Utilities Commission

23 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 23 Statute Section Tye of Action andatory () or Permissive (P) Who Gets Fees Limit on Fees 2 l 6B.164, subd. 5 Disute between a qualifying facility and Prevailing arty; a utility may recover only if an electric utility the qualifying facility acts in bad faith , subd. 3 Action against a hone comany for Public Utilities Commission failing to make refunds , subd. 3 Unfair references by a cable comany Prevailing arty 325D.67, subd. 3 Petroleum discrimination between Purchaser, at localities least $25 504B.221 Action against a landlord for unlawful Tenant termination of utilities Environment, Natural Resources, and Land Use 82A. l 9, subd. 3 embershi caming disclosure or Purchaser of a membershi caming contract unfair or rohibited ractices violations 84.66, subd. 11 Violation of Forests for the Future Attorney general rogram easement 103D.545, subd. 3 Watershed district enforcement action Prevailing arty 103E.097 Drainage law aeals by the Deartment Prevailing arty; the DNR may not recover ofnatural Resources (DNR) attorney fees I 03E.8 l 2, subd. 6 Transfer of drainage system from Drainage authority drainage authority to water management authority following exiration of lien ayment eriod 103F.515, subd. 9 Action against a landowner who violates State a conservation easement or agreement , subd. 2 Liability for failure to disclose a well on Buyer of roerty sale of roerty 103 I.241, subd. 2 Action for well contamination lnj ured owner of real roerty , subd. 6 Damages for failure to disclose existence Buyer of roerty of an individual sewage treatment rogram l l 5A.30 Civil action regarding waste management Prevailing nongovernmental arty if an action is frivolous or in bad faith

24 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 24 Statute Section l l 5A.86, subd A.882, subd A.965, subd. 5 l 15B.14 l 15B.17, subd B B.41, subd B.412, subd. 2 l 15B.414 l l 5B.444, subd , subd , subd Tye of Action Violation of a waste management ordinance Civil action against a erson violating environmental rotection waste management law Prohibition on selected toxics in ackaging Action for release of hazardous substance from a facility. Action to rotect the ublic against release of ollutants from a facility Any claim brought before innesota Pollution Control Agency Landfill cleanu cost recovery Landfill regulation enforcement action Defense of third-arty claims related to landfill cleanu State action against insurer for recovery of environmental resonse costs incurred by the state Administrative enalties for hazardous waste violations Eminent domain roceeding Action for failure to deliver ossession of real estate in an eminent domain case Person comelling an acquiring entity to initiate eminent domain roceedings andatory () or Permissive (P) IP, deending on size of damage award Who Gets Fees County Prevailing county State Prevailing arty State Claimant Alicable commissioner Alicable commissioner The third arty State State Proerty owner Entity exercising eminent domain; only attorney fees incurred by the etitioner in acquiring ossession of the real estate may be recovered Petitioner Limit on Fees Agency may by rule limit fee amount $75 er hour u to a maximum of 75 ercent of the fees incurred

25 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 25 Statute Section , subd Tye of Action Action against a commissioner who fails to file a reort in eminent domain roceedings Dismissal of eminent domain case andatory () or Permissive (P) Who Gets Fees Owner of the roerty if roceedings are set aside as to that owner Limit on Fees , subd. 2 Owner 299A.52, subds. 1 Action involving hazardous materials Regional hazardous materials resonse team and 2 incident 299K. l 0, subd. 7 Hazardous chemical emergency Prevailing arty enforcement Enforcement of solid waste disosal law etroolitan county Family Issue and Human Services 252A.20, subd. I , subd , subd. 5 Action to rotect a develomentally A court-aointed lawyer for the ward disabled individual Action against a hosital that transfers a Receiving hosital edical Assistance atient to another hosital without the other hosital's consent Public assistance lien; judgment, award, settlement attorneys' fees deducted first Attorney , subd. 5 Third-arty ublic assistance lien; judgment, award, settlement attorneys' fees deducted first Action against a vendor of medical care who willfully submits a false costreimbursement reort , subd. 6 Action against a nursing home for denying a edical Assistance ersonal allowance , subd. 1 Action against a nursing facility and vendor of ancillary services for violating conditions of articiation Attorney The state or any olitical subdivision Injured erson State, state agency, olitical subdivision, or aying nursing home resident

26 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 26 Statute Section Tye of Action , subd. le Contested case or aeal by a rovider regarding a determination of a ayment rate , subd. 2 Action to establish arentage; fees of court-aointed counsel limited to arty's ability to ay , subd. 4 Action to vacate a recognition of arentage Action to enforce an agreed-uon order regarding communication with adoted children Aointment of an attorney in adotion roceeding , article XI Enforcement of Interstate Comact for Juveniles Aointed attorney of indigent minor may have reasonable fee aid by county , subd. 5 Juvenile delinquency etition, after court inquires into arents' ability to ay 260C.33 l, subd. 5 Action for juvenile lacement; court may order arents to ay attorney fees 289A.50, subd. 5 Action to determine or collect child suort andatory () or Permissive (P) Who Gets Fees Prevailing arty Limit on Fees (1) Deartment of Human Services fees and actual costs (2) Provider fees are limited to the lesser of the attorney' s normal fee or $1 00 er hour Attorney Party's ability to ay Prevailing defendant Prevailing arty Aointed attorney of adoting arents Costs of services rendered Prevailing arty Attorney ofjuvenile The attorney or county reresenting the minor may receive ayment from arents Attorney ofjuvenile Public agency, arent, or guardian is reimbursed by suort obligor's tax refund

27 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 27 Statute Section Tye of Action 325F.71, subd. 4 Civil action against a erson who deceived by fraud a senior citizen or handicaed erson , subd. I Temorary order in a marriage dissolution action , subd. 1 Dissolution roceeding; action seeking funds to ay attorney fees , subd. 6 Action to enforce comliance with a visitation order 518A.28, subd. 9 Failure to disclose income or emloyment information for child suort 518A.38, subd. 7 Party wrongly claims income tax deendency exemtion for child suort 518A.735 Enforcement ofchild suort 5 l 8A.53, subd. 5 Action against an emloyer or financial institution failing to withhold child suort 518C.305 Interstate child suort enforcement 518C.313 Action for interstate child suort enforcement 518D.208 Interstate child custody disute 518D.312 Interstate child custody disute andatory () or Permissive (P), if a hearing was requested rimarily for delay Who Gets Fees Injured erson Either arty Party needing the money to carry on the roceedings; a arty who causes unreasonable delay may also be required to ay fees to oosing arty Party aggrieved by the other's wrongful failure to comly with the order Party wrongfully derived of the income or emloyment information Party wrongfully derived of the income tax deendency exemtion Obligee, in secified circumstances Obligee or ublic authority Either arty Prevailing obligee Ifan action seeking custody is dismissed because the court declines to exercise jurisdiction due to unjustifiable conduct, the oosing arty may be awarded fees Prevailing arty Limit on Fees Necessary and reasonable Necessary and reasonable

28 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 28 Statute Section Tye of Action 518E. l 03 otion for noncomliance with Uniform Deloyed Parents Custody and Visitation Act Unjustifiable conduct that results in the aointment of a guardian or the issuance ofa rotective order by the state for adult guardianshi otion for contemt of court for willful disobedience of a child suort order , subd. 4 Civil action against a erson who has immunity from rosecution for reorting child maltreatment , subd. 5 Knowing or reckless false reort of child maltreatment , subd. 6 Damages for injury caused by a false vulnerable adults abuse reort , subds. 10 Action against an emloyer or a county and 17 for retaliating against an emloyee for reorting maltreatment of a vulnerable adult , subd. 20 Action for financial exloitation against erson who committed financial exloitation against a vulnerable adult andatory () or Permissive (P) Who Gets Fees The arty aggrieved by another arty's bad faith action or intentional failure to comly with a court order State State Person who made reort of maltreatment Person wrongly reorted to have committed child maltreatment Subject of false reort Emloyee Vulnerable adult who was exloited Limit on Fees Health Care and Related Professions 62Q.74, subd. 5 Health care rovider against a network organization 80D. l 3, subd. 1 Action against any erson who enters into a contract for a continuing care facility without having first delivered a disclosure statement meeting the requirements of section 80D.04 Health care rovider Person seeking the continuing care

29 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 29 Statute Section Tye of Action andatory () or Permissive (P) Who Gets Fees Limit on Fees Unauthorized release of health Patient information , subd. 5 Aeal by nonindigent erson Deartment of Health or local ublic health quarantined for health reasons board Emloyment discrimination against Prevailing emloyee emloyee reviously subject to health quarantine , subd. 4 Health order issued by commissioner of Aointed attorney health to unreresented tuberculosis carrier or resondent; attorney aid for by court , subd. 7 Civil action against a erson who fails to State ay health deartment administrative enalties , subd. 3 IFailure to comly with regulations Plaintiff; defendant if suit found to be governing abortion rocedures frivolous/made in bad faith , subd. 7 alractice; if a laintiff or attorney Defendant signs a false affidavit of exert review , subd. 4 Imosition ofa civil enalty by the commissioner of health for body art law violations Commissioner of Health Total civil enalty may not exceed $10, , subd. 6 Discilinary action against a theraist Licensing board 149A.10 Discilinary action against a erson Deartment of Health subject to mortuary science laws and rules 149A.98 Funeral rovider fee collection Funeral rovider , subd. 2 Unfair rice discrimination in Purchaser harmaceutical sales 153A.15, subd. 2 Action against a hearing instrument Commissioner of Health disenser subd. 6 Discilinary action against a barber Board of Barber Examiners 155A.33, subd. 6 Violation of laws and rules enforced by the Cosmetologist Examiners Board Cosmetologist Examiners Board

30 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 30 andatory () Statute Section Tye of Action or Permissive (P) Who Gets Fees Limit on Fees , subd. 3 Unlawful use of rotected genetic Aggrieved erson information , subd. 2 Action against a hosital that transfers a Receiving hosital edical Assistance atient to another hosital without the other hosital's consent Action against a vendor of medical care The state or any olitical subdivision who willfully submits a false costreimbursement reort 256B.35, subd. 6 Action against a nursing home for Injured erson denying a edical Assistance ersonal allowance 256B.48, subd. 1 Action against a nursing facility and State, state agency, olitical subdivision, or vendor of ancillary services for violating aying nursing home resident conditions of articiation 256B.50, subd. 1 e Contested case or aeal by a rovider Prevailing arty (1) Deartment regarding a determination of a ayment of Human rate Services fees and actual costs (2) Provider fees are limited to the lesser of the attorney' s normal fee or $100 er hour 325F.784, subd. 2 Violation of regulations relating to Plaintiff rescrition drug discount cards 325G.207, subd. 3 Action for violation of law on assistive Consumer devices Action for release of a hosital lien Prevailing claimant

31 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 31 Statute Section Tye of Action Action to enjoin collection actions taken by a nonrofit hosital if hosital failed to rovide a lain language summary of its financial assistance olicy , subd. 4 Action for hysical interference with safe access to health care Housing and Real Proerty andatory () or Permissive (P) Who Gets Fees Limit on Fees Prevailing atient Prevailing arty 83.28, subd. 2 Voiding a urchase of a sales contract Purchaser for subdivided land 83.37, subd. 4 Remedies for urchase of a contract for Purchaser sale of certain subdivided lands Action to quiet title to state lands State covered by a mineral release ,subd.2 Liability for failure to disclose a well on Buyer of roerty sale of roerty Eminent domain roceeding /P, deending on Proerty owner size of damage award , subd. 2 Action for failure to deliver ossession of real estate in an eminent domain case Entity exercising eminent domain Only attorney fees incurred by the etitioner in getting ossession of the real estate Person comelling an acquiring entity to initiate eminent domain roceedings Petitioner , subd. 2 Action against a commissioner who fails to file a reort in eminent domain roceedings Owner of the roerty if roceedings are set aside as to that owner , subd. 2 Dismissal of eminent domain case Owner

32 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 20 I 5 Page 32 Statute Section , subd. 2(n) N N. I 8, subd C.095, subd. 12 (d) 327C.11, subd A , subd. 4a , subd , subd. 1, ara. (n) 504B.165 Tye of Action Proerty seller's failure to disclose onsite methamhetamine roduction; collection of cleanu costs by buyer Cancellation of tax-forfeited land installment sale contracts by the state Foreclosure consultant violations Stay of eviction action Comelling a manufactured home ark owner to make owed ayments to the innesota anufactured Home Relocation Trust Fund Redemtion by a resident after eviction from manufactured home ark for nonayment of rent Lease contract found to be unconscionable Action against a land seller for not disclosing certain information about a subdivision Taxable roerty owner's claim for damages or equitable reliefrelated to tax financing system Action against a erson who sells farmland under certain circumstances Action for willful and malicious destruction of leased residential roerty andatory () or Permissive (P) Who Gets Fees Buyer/transferee The county Foreclosed homeowner Foreclosed homeowner, if defendant acted in bad faith or without merit Prevailing arty Park owner for the third or subsequent redemtion within a 12-month eriod Lessee Buyer Prevailing arty Person damaged by sale Prevailing arty Limit on Fees

33 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 33 andatory () Statute Section Tye of Action or Permissive (P) Who Gets Fees Recovery of fees exended by a tenant to Tenant enforce a lease between tenant and landlord, if fees are ermitted for landlord in lease agreement , subd. 4 Civil action against landlord for Alicant violations relating to alicant screening fees , subd. 4 Violation of laws governing alicant Landlord or rosective tenant screening fees by a residential landlord or rosective tenant Action against a landlord for acceting Tenant rent or a security deosit on condemned residential remises , subd. 5 Action against a landlord for barring a Tenant tenant from calling 911 for assistance Action against a landlord for unlawful Tenant termination of utilities l Action against a landlord for unlawfully Tenant ousting a tenant , subd. 2 Action against a landlord or agent for Tenant failing to allow the tenant to retake the tenant's stored ossessions , subd. I Action by landlord to evict delinquent Landlord tenant , ara. (g) Action against a landlord of a building Tenant or neighborhood organization with various violations , subd. 5 Action to comel the recording of a City or county attorney contract for deed , subd. Sa Wrongfully executed mortgage ortgagee/assignee satisfaction certificate Limit on Fees As secified in lease terms $5 $500 l 4 This section is effective for leases entered on or after August 1, 2011, or renewed on or after August 1, 2012.

34 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 34 Statute Section Tve of Action ; 508A. 70 Action to register land acquired by adverse ossession Violation of rohibition on rivate transfer fees in real roerty transactions , subd. 3 Action against a contractor who fails to suly the name and address ofan owner to a subcontractor , subd. la Nonayment for imrovement to real estate , subds. 3, 5 Common law liens; failure to aear; court determination of invalid lien; enalty for forged or groundless lien 515A.3-l 15 Uniform Condominium Act lien for assessment 5 I 5A.4-l 15 Violation of the Uniform Condominium Act 515B.3- l I I Action against a declarant for tort and contract liability under the Common Interest Ownershi Act 5 I 5B l Enforcement of laws governing common interest communities (including collection of assessments) Common Interest Ownershi Act; foreclosure of a lien for assessment Action against a erson who violates a rovision of the Common Interest Ownershi Act , subd. 6 Action to susend cancellation of urchase agreement andatory () or Permissive (P) Who Gets Fees Limit on Fees Any erson as the court deems just Any arty to the transfer Subcontractor Injured erson PI (deending on subsection) Prevailing arty Prevailing arty Person adversely affected by the violation Damaged association or unit owner Common interest community associations Association Limit of $500 Prevailing arty Prevailing arty Not more than $3,000, including court filing fees and cost ofnotice

35 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 35 andatory () Statute Section Tye of Action or Permissive (P) Who Gets Fees Limit on Fees Action for foreclosure of installment Foreclosing arty Limited to the amount ermitted by law for a mortgage ofthe same amount Attorneys' fee limitations in foreclosures by advertisement Attorneys' fees allowed in mortgage foreclosure The mortgagee Varies deending on the amount of the original rincial amount secured by the ortgagee or the mortgagee's heirs, ersonal reresentatives, or assigns mortgage 6 Varies deending on the amount of the original rincial amount secured by the mortgage or as ordered by the court 7 5 See inn. Stat ; this statute rovides the allowed amounts for attorneys' fees in foreclosures by advertisement. innesota Statues, section , subdivision 2, rovides that the court shall set the attorney's fees awards in a foreclosure by action. 6 Id. 7 Id.

36 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 36 Statute Section Tye of Action , subd. 1 Foreclosure redemtion costs claimed by holder of sheriffs sale certificate Action for ossession of mortgaged remises , subd. 7 I Action by mortgagor to enjoin or set aside a sale , subd. I ediation in farm mortgage and contract for deed actions , subd. 3 Creditor who has not articiated in farm mortgage mediation in good faith Insurance andatory () or Permissive (P) Who Gets Fees, if claimed by Holder of sheriffs certificate of sale or certificate holder certificate ofredemtion by junior creditor Receiver Prevailing mortgagor Assessed among the arties Debtor, if the creditor does not mediate in good faith Limit on Fees fees incurred after the sale; not more than onehalf the amount authorized by section A. l 0, subd. 2 Action against insured to collect on default of remium finance agreement when outside counsel is retained for collection 60A.03 l, subd. 9 Action for defamation or other tort against the commerce commissioner for examining an insurance comany 60A.0789, subd. 1 Violation of laws governing distribution of death benefits under a life insurance olicy/"stranger-originated life insurance" (STOLi) 60A.2 l, subd. 4 Action against an unauthorized foreign or alien insurer uon insurance issued or delivered in this state Insurer (insurance remium finance comany) Prevailing defendant Any arty entitled to recover damages Plaintiff wronged by the insurer Statutorily allowed attorneys' fees

37 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 37 andatory () Statute Section Tye of Action or Permissive (P) Who Gets Fees Limit on Fees 60A.097, subd. 5 Reinsurance agreement rovisions may Insurer rovide for attorneys' fees , subd. I 0 Reexamination of fees in liquidation of Attorney; any unreasonable fees recovered by insurer liquidator are for the benefit of estate Reinsurer's liability Plaintiff , subd. 2 Insurers Rehabilitation and Liquidation Liquidator Act (denial of alication by others for order from the court) , subd. 2 Health maintenance organization Claimant liquidation; allows attorneys' fees in a malractice judgment or settlement to be aid 62A.095, subd. 2 Health and accident insurance; Insured; fees must be aid directly by health subrogation of claims cannot include attorneys' fees insurer 62N.29, subd. 7 Protection, defense, or enforcement of a Commissioner of Commerce guarantee agreement between guaranteeing organization and community networks 66A.4 l, subds. 14, 16 utual comany conversion to stock Challenging arty to conversion comany; etition by challenging arty for security for attorneys' fees l , subd. 8a Workers' comensation claims; failure Insurance Guaranty Association to rovide files and data to Insurance Guaranty Association in a timely manner , subd. 1 Disute between two or more emloyers or insurers regarding workers' comensation liability Prevailing arty (see limitation in subd. 8) , subd. 3 Denial of insurance coverage without reasonable basis Insured, with some conditions ; not more than $100,000

38 House Research Deartment Attorney Fee A wards in innesota Statutes Udated: July 2015 Page 38 Statute Section Tye of Action anufacturing and Construction andatory () or Permissive (P) Who Gets Fees Limit on Fees Civil action by a subcontractor to collect Prevailing subcontractor interest enalties from a rime contractor on a University of innesota contract , subd. 4 Action against a construction bidder who Person injured fails to rovide workers' comensation , subd. 4 isreresentation of emloyment Plaintiff construction worker relationshi by emloyer; construction workers 325E.065 Action against a farm equiment Farm equiment dealer manufacturer for violating trade ractices law 325E.0684 Action against a manufacturer for Equiment dealer damages from violations of trade ractice law 325E.1251, subd. 2 I Violation of battery requirements by a State manufacturer 325F.18, subd. 4 Action against a manufacturer or builder Consumer for using building materials with formaldehyde gases 325F.24, subd. 3 Action against a manufacturer for Attorney general violating formaldehyde gases rovision 326B.89, subd. 17 Recovering comensation aid by the State state from the contractor recovery fund due to false or misleading information , subd. 3 Civil action by a subcontractor to collect Prevailing arty interest from a rime contractor , subds. 4; 4a Subcontractor seeking interest from a Subcontractor rime contractor of a municiality

39 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 39 Statute Section Tye of Action Subcontractor action for interest enalties against a rime contractor of a municiality , subd. 2 Action to enforce claims under the Public Contractors Performance and Payment Bond Act , subd. 3 Against a claimant, attorney, or erson in the chain of manufacturing and distribution who violates the roducts liability notice rovision andatory () or Permissive (P) Who Gets Fees Subcontractor Successful laintiff Injured erson Limit on Fees iscellaneous Civil Actions 81A.16, subd. I Violation of Uniform Athlete Agents Act by athlete agent or former student athlete , subd. 3 Action against individual licensed by the State Board of Chiroractic Examiners , subd. 2 Action against individual licensed by State Board of Psychology Action against a state military officer 256B. I 5, subd. lh Claims against estates for medical assistance benefits; court may award reasonable attorneys' fees for sanctions or enforcement of a court order 325E.55 Action to recover damages for music royalty violations 325F.46, subd. 1 Action against a erson who roduced imitation American Indian-made goods without required labeling 325F.755, subd. 7 Intentional violation of rize notices and solicitations law Educational institution State State State State (Deartment of Human Services) Injured erson Injured erson Person suffering ecuniary loss

40 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 40 andatory () Statute Section Tye of Action or Permissive (P) Who Gets Fees Limit on Fees 325F.791, subd. 8 Pet dealer regulation Prevailing arty and not exceeding $ F.795, subd. 4 Action to recover damages for Any erson injured unauthorized ossession of merchandise allets , subd. 6 Action against a erson who commits Board of Architecture, Engineering, Land the unauthorized ractice of architecture, Surveying, Landscae Architecture, engineering, or land surveying Geoscience, and Interior Design , subd. 2a Smoking in nonsmoking hotel room Innkeeer ; not more than $ , subd. 3 Action for releasing an animal used for A erson damaged by the release scientific uroses 363A.29, subd. 2 innesota Human Rights Act "180 day" Charging arty hearing 363A.29, subd. 4 innesota Human Rights Act; unfair Aggrieved arty discriminatory ractices administrative hearing 363A.33, subd. 7 Court action under the innesota Prevailing arty; fee award not ermitted if the Human Rights Act award would be a hardshi for the resondent 363A.42, subd. 3 Demand for equal access to government Plaintiff- qualified disabled erson ay not exceed records for individuals with disabilities $15, A.43, subd. 2 Demand for equal access for individuals Plaintiff - qualified disabled erson ay not exceed with disabilities to continuing education, $15,000 rofessional develoment courses, offerings, materials or activities administered by a unit of government Enforcement of a lien for attorney fees The attorney Attorney may retain money of client The attorney owed to attorney; court determines amount , subd. 4 Enforcement of right to dislay Proerty owner American flag on owner's roerty

41 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 41 andatory () Statute Section Tye of Action or Permissive (P) Who Gets Fees Limit on Fees 501B.43,subd.1 Action against a trustee for intentional or State grossly negligent breach 501C.1004 Judicial roceeding involving Any arty that is the subject of the judicial administration of a trust roceeding , subd. 5 Action for denial of access to certain Occuant of the storage unit items in self-storage Action against an attorney-in-fact for Princial or erson named by the rincial failure to render an accounting to the rincial or any erson named by the rincial in the ower of attorney form Exenses in estate litigation Personal reresentative Conservator; attorney may be, unless not acting Attorney rendering necessary services with In case of comensated from rotected erson's in good faith regard to aointment of guardian or indigent erson, estate conservator of an estate fee schedule recommended by Board of County Commissioners , subd. 12 Exedited review of financing Prevailing arty statements Judgment in relevin Prevailing laintiff , subd. 4 Adjustment of attorneys' fees for Prevailing laintiff Iflaintiff collateral source actions attorney using set ercentage of the award then the amount is adjusted award A arty and attorney can agree to any Prevailing arty tye of ayment arrangement but the law may allow for costs to the revailing arty

42 House Research Deartment Attorney Fee A wards in innesota Statutes Udated: July 2015 Page 42 Statute Section Tye of Action , subd. 4 Reimbursement for costs in a civil action , subd. 1; otion or action to oose a suit that stifles free seech activity , subd. 5 otion for a rehearing attachment order , subd. 7 Action against a creditor who used a misleading form 572B.14 Civil action against an arbitrator whose services were utilized, ifthe arbitrator is immune from liability or incometent to testify 572B.21 Arbitrator's award, where attorney fees would be ermitted for the same claim in a civil action 572B.25 Court action regarding an arbitration award 588. l l Action for contemt Action against a taxayer for filing an incomlete and imroer income tax return , subd. 2 Civil liability for issuance of a worthless check , subd. 3 Action for damages for being excluded from a ublic accommodation because of riding a motorcycle or wearing organization insignia , subd. 3 Disrution of funeral ceremony andatory () or Permissive (P) Who Gets Fees Party who acted in bad faith may be required to ay the other arty Person seeking to reserve free seech rights Resondent, if motion made in bad faith Debtor Arbitrator Not secified Prevailing arty Party injured by the contemt State Holder ofthe check, if issuer issued more than $1,250 in dishonored checks within a six-month eriod Plaintiff Prevailing laintiff (deceased erson's family) ILimit on Fees, u to $500

43 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 43 andatory () Statute Section Tye of Action or Permissive (P) Who Gets Fees Limit on Fees otor Vehicles/Transortation 53C.08, subd. I Action for delinquency collection on a Holder ofa recomuted retail Not exceeding motor vehicle installment contract installment contract 15 ercent of allows for attorneys' fees when the amount collection ursued by outside counsel, due on when the contract rovides for such fees installment contract 53C.12 Civil action against a seller under the Buyer otor Vehicle Retail Installment Sales Act 80E.05 Action to require motor vehicle makers Dealer to indemnify franchised dealers in damage actions 80E. l 7 otor vehicle franchise law violation Any erson whose business or roerty is injured by a franchise law violation 80F.17 otor vehicle fuel franchise violations Prevailing arty (dealer or sulier, deending on the marketing agreement) , subd. 2 Action to collect fines, costs, and County attorney $1 00 for each disbursements resulting from a rosecution comlaint by a road authority against a railroad Negligence action against a railroad for Landowner of land abutting the railroad failure to fence the road and erect crossings , subd. 1 Action against a railroad for refusing to Local government or nonrofit firefighting reimburse a government agency or a cororation that extinguished fire nonrofit firefighting cororation after a fire , subd. 11 Action against a motor carrier failing to State ay the assigned enalty for a violation

44 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 44 Statute Section Tye of Action , subd. 3 Action against a motor carrier for overcharging for freight or baggage Action for violation of motor carrier laws , subd. 3 Civil action concerning trade ractices relating to odometers 325E. l 67, subd. 2 Tamering with clock-hour meter on farm tractor 325F.63, subd. 1 Action against motor vehicle reair services 325F.6643 Action for violating the new motor vehicle damage disclosure law 325F.666, subd. 3 Action against a erson who violated the motor vehicle contract reassignment law , subd. 3 Action for damages for being excluded from a ublic accommodation because of riding a motorcycle or wearing organization insignia Stolen motor fuel andatory () or Permissive (P) Who Gets Fees Prevailing claimant Injured erson Injured erson Injured erson Customer Injured erson Injured erson Plaintiff Retailer Limit on Fees, u to $500 ; not more than $500 Non rofit/charitable Organizations , subd. 4 Indemnification for actions taken on behalf of fraternal benefit society , subd. 1 Charitable solicitation law enforcement 317 A.434, subd. 3 Court-ordered meeting of a nonrofit cororation 317A.439, subd. 3 Suit to comel a nonrofit cororation to allow a member with voting rights to insect a full list of voting members rior to a meeting Officers and members State Voting member of the nonrofit cororation Plaintiff

45 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 45 Statute Section Tye of Action 317 A.461, subd. 7 Action by a director or member of nonrofit cororation wrongfully denied access to records 3 l 7A.467 Action against a cororation, officer, or director if a nonrofit cororation violates the law 317A.751, subd. 8 Equitable remedies against a nonrofit cororation Action to enjoin collection actions taken by a nonrofit hosital if hosital failed to rovide a lain language summary of its financial assistance olicy Public Safety and Crime-Related Civil Actions Defense ofcriminal charges against a state officer or state emloyee in the course of emloyment 123 B.02, subd. 20 Reimbursement by school board to indeendent school district emloyee for defense of criminal charges brought against emloyee relating to emloyment , subd. 2(f) Collection of clandestine drug lab cleanu costs from contractor , subd. 2(n) Proerty seller's failure to disclose onsite methamhetamine roduction; collection of cleanu costs by buyer Action under Interstate Comact for Adult Offender Suervision 299A.80, subd. 6(c) Payment of an administrative enalty relating to the Deartment of Public Safety andatory () or Permissive (P) Who Gets Fees Limit on Fees Wronged member or director ember of the nonrofit cororation Any arty, if another arty did not act in good faith Prevailing atient State officer or emloyee District emloyee Proerty owner Buyer/transferee Prevailing arty Attorney general

46 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July2015 Page 46 Statute Section Tye of Action andatory () or Permissive (P) Who Gets Fees Limit on Fees 299A.80, subd. 7 Judicial action brought by the attorney Prevailing arty (state or defendant) general for civil enalties, injunctive relief, or an action to comel erfonnance for willful violation relating to administrative enalties imosed by the Deartment ofpublic Safety 299K. l 0, subd. 7 Hazardous chemical emergency Prevailing arty enforcement Defense ofcharges of a criminal nature Official against an official acting in official caacity on behalf of a home rule charter or statutory city , subd. 4 Defense of a civil claim brought by an Defendant, if suit is dismissed under Rule 12 or inmate Rule 56 ofthe Rules of Civil Procedure Stolen motor fuel Retailer ; not more than $ A.34 Civil actions resulting from an individual Prevailing individual seeking assistance from or reorting unlawful conduct to law enforcement , subd. 6 Civil action against a erson aiding a Plaintiff suicide , subd. 3 Disrution of funeral ceremony Prevailing laintiff (deceased erson's family) , subd. 4 Action by an injured erson for violation Injured erson of receiving stolen roerty law , subd. 4 Action ordering return of a seized Person who filed demand vehicle used in a drive~by shooting , subd. 4 Action for rustling and livestock theft Injured erson , subd. 4 Action for hysical interference with Prevailing arty safe access to health care , subd. 4 Action for racketeering Prosecuting authority , subd. 2 Action for comensation based on exoneration under Imrisonment and Exoneration Remedies Act Successful claimant

47 House Research Deartment Attorney Fee Awards in innesota Statutes Udated: July 2015 Page 47 Statute Section Tye of Action andatory () or Permissive (P) Who Gets Fees Limit on Fees 611 A.08, subd. 4 Action by a eretrator against a crime Winning victim victim for injuries 61 la.87 Action for being coerced into Prevailing arty rostitution , subd. 2 Graffiti damage Proerty owner Criminal gang nuisance activity Prevailing arty , subd. 8 Denial of etition by sheriff to revoke Permit holder ermit to carry , subd. l2(d) Petition by ermit holder to aeal Prevailing ermit holder revocation of ermit , subd. 16(c) Denial of etition by sheriff to revoke Permit holder out-of-state ermit to carry Seized roerty Seizing officer's agency , subd. 4 Civil action against a erson who has Person who made reort immunity from rosecution for reorting child maltreatment , subd. 5 Knowing or reckless false reort of child Person wrongly reorted to have committed maltreatment child maltreatment , subd. 16 Violating Peace Officer Disciline Officer Procedures Act 626A.13, subd. 2 Civil action against erson or entity Injured arty interceting wire, oral, or electronic communications 626A.39 l, subd. 1 Violation of rivacy using tra and trace device and mobile tracking device Injured arty For more information about legal issues, visit the civil law and courts area ofour website,