statutory or contractual exception (Minnesota) · Go Syfert
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statutory or contractual exception in Minnesota

6 Minnesota opinions name it 2 courts 2001–2025 2 in the last five years

The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Hoang Minh Ly v. Nystromgreen
minn · 2000 · cited in 3 Minnesota opinions naming this issue, 2001–2023
2 sentences

2023The private attorney general statute implicates the historic rule in Minnesota that civil litigants pay their own attorney fees, and we have rejected broad interpretations of the private attorney C/D-12 general statute in part “because to do so would substantially alter a fundamental principle of law deeply ingrained in our common law jurisprudence–that each party bears his own attorney fees in the absence of a statutory or contractual exception.” Ly, 615 N.W.2d at 314.

2023The private attorney general statute implicates the historic rule in Minnesota that civil litigants pay their own attorney fees, and we have rejected broad interpretations of the private attorney C/D-12 general statute in part “because to do so would substantially alter a fundamental principle of law deeply ingrained in our common law jurisprudence–that each party bears his own attorney fees in the absence of a statutory or contractual exception.” Ly, 615 N.W.2d at 314 .

33
In Re the Trusteeship of the Trust of Williamsgreen
minnctapp · 2001 · cited in 3 Minnesota opinions naming this issue, 2009–2025
2 sentences

2025See In re Trusteeship of Tr. of Williams, 631 N.W.2d 398, 409-10 (Minn. App. 2001) (“[I]t is a fundamental principle of law deeply ingrained in our common law jurisprudence that each party bears his own attorney fees in the absence of a statutory or contractual exception” and “there is no Minnesota case requiring a trustee whose management of a trust has been challenged to pay attorney fees incurred by the successful challenger.”) (quotation omitted), rev. denied (Minn. Sept. 25, 2001). 7 II.

2009And we refused to create such a rule in Williams II in light of the "fundamental principle of law deeply ingrained in our common law jurisprudence that each party bears his own attorney fees in the absence of a statutory or contractual exception." 631 N.W.2d at 409 .

13
Garrick v. Northland Insurance Co.green
minn · 1991 · cited in 1 Minnesota opinions naming this issue, 2003–2003
1 sentence

2003Co., 469 N.W.2d 709, 714 (Minn.1991) (noting that for over 100 years it has been the law in Minnesota that attorney fees are only recoverable by a prevailing party when there is statutory authorization or a contractual agreement allowing those fees).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Morris v. American Family Mutual Insurance Co. green
minn · 1986
2 sentences

2023In Morris, we narrowly construed the private attorney general statute by ensuring the Legislature’s intent to enforce an act. 386 N.W.2d 233.

2023In Morris, we narrowly construed the private attorney general statute by ensuring the Legislature’s intent to enforce an act. 386 N.W.2d 233 .

12023–2023

Where else courts name it

VT 16 (2001–2026) MN 6 (2001–2025) CT 2 (1991–1997)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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