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