Bill Text: MN SF429 | 2011-2012 | 87th Legislature | Chaptered

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Bill Title: Attorney fees awards determining factor establishment

Spectrum: Bipartisan Bill

Status: (Vetoed) 2012-02-13 - Veto message laid on table [SF429 Detail]

Download: Minnesota-2011-SF429-Chaptered.html

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CHAPTER 120--S.F.No. 429

An act

relating to civil actions; providing a factor for determining the amount
of attorney fees awarded in certain actions;proposing coding for new law in
Minnesota Statutes, chapter 549.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. [549.255] ATTORNEY FEES AWARDS.
    Subdivision 1. Reasonable relation of fees to damages. When a statute provides
for the award of attorney fees to a party that has recovered money damages, the court,
in setting the amount of attorney fees, must, in addition to other factors, take into
consideration the reasonableness of the attorney fees sought in relation to the amount of
damages awarded to the prevailing party and the relation between the amount of damages
sought and the amount of damages awarded.
    Subd. 2. Offer of judgment. If an offer of judgment is made by a party under Rule
68 of the Rules of Civil Procedure to a party who claims money damages pursuant, in
whole or in part, to a statute that provides for the award of attorney fees, and the party
claiming attorney fees does not obtain a verdict in excess of the offer, exclusive of attorney
fees, no attorney fees may be awarded for fees incurred after service of the offer of
judgment. The party that rejects an offer of judgment must disclose the amount of attorney
fees it has incurred as of the date of the service of the offer of judgment within the time
period provided by Rule 68 for the acceptance of an offer of judgment.

    Sec. 2. EFFECTIVE DATE.
Section 1 is effective August 1, 2012, and applies to actions commenced on or
after that date.