An attorney who, with intent to deceive a court or a party to an action or judicial proceeding, is guilty of or consents to any deceit or collusion, shall be guilty of a misdemeanor; and, in addition to the punishment prescribed therefor, the attorney shall be liable to the party injured in treble damages. If the attorney permit any person other than a general law partner to begin, prosecute, or defend an action or proceeding in the attorney's name, the attorney giving such permission, and every person so using the name, shall forfeit $50 to the party against whom the action or proceeding is prosecuted or defended, recoverable in a civil action.
Notes of Decisions
Cited in
18
cases (
2 in the last 5 years), 1979–2023 · leading case:
Baker v. Ploetz, 616 N.W.2d 263 (Minn. 2000).
Baker v. Ploetz, 616 N.W.2d 263 (Minn. 2000).
· cites it 134× “The court of appeals affirmed the damages award against Ploetz, but also held Morris, Fuller & Seaver liable for treble damages under Minn.Stat. §§ 481.07 and 481.071 (1998). We reverse.”
Ness v. Gurstel Chargo, P.A., 933 F. Supp. 2d 1156 (D. Minn. 2013).
· cites it 10× “In the Second Amended Complaint, Plaintiffs bring the following claims against Defendants: (1) violations of the FDCPA, (2) champerty, (3) fraud and/or negligent misrepresentation, (4) unjust enrichment, (5) conspiracy to procure fraudulent judgments, (6) abuse of legal process,…”
Rucker v. Schmidt, 794 N.W.2d 114 (Minn. 2011).
· cites it 4× “Katherine Rucker sought treble damages under Minn.Stat. §§ 481.07 1 and 481.071 (2010).”
Gilchrist v. Perl, 387 N.W.2d 412 (Minn. 1986).
· cites it 4× “The plaintiff class also appeals the trial court's denial of treble damages under Minn.Stat. §§ 481.07 and .071 (1984). These two sections, which are virtually identical, provide that an attorney who, with intent to deceive, participates in deceit or collusion is liable to the…”
Baker v. Ploetz, 597 N.W.2d 347 (Minn. Ct. App. 1999).
· cites it 10× “Following the verdict, Baker moved for treble damages under Minn.Stat. §§ 481.07 and 481.071 (1998). Ploetz and MFS moved for JNOV, a new trial, and *351 remittitur.”
Rucker v. Schmidt, 768 N.W.2d 408 (Minn. Ct. App. 2009).
· cites it 4× “Appellant sought damages and treble damages under Minn.Stat. §§ 481.07, .071 (2006). Attorney and law firm moved for summary judgment on several grounds.”
Anderson v. Anderson, 399 N.E.2d 391 (Ind. Ct. App. 1979).
“07 Penalties for deceit or collusion An attorney who, with intent to deceive a court or a party to an action or judicial proceeding, is guilty of or consents to any deceit or collusion, shall be guilty of a misdemean- or; and, in addition to the punishment prescribed therefor,…”
Adduono v. World Hockey Ass'n, 109 F.R.D. 375 (D. Minn. 1986).
· cites it 6× “Fourth, defendants seek an order trebling the damages assessed in their favor pursuant to Minn.Stat. §§ 481.07 and 481.071 (1984). Finally, defendants seek a monetary sanction of $25,000 against Abrahams.”
Edmonton World Hockey Enter., Ltd. v. Abrahams, 658 F. Supp. 604 (D. Minn. 1987).
· cites it 2× “4-87-22, plaintiff National Hockey League asserts the same three counts against Abrahams; it also requests treble damages pursuant to Minn.Stat. §§ 481.07 and 481.071 for acting with intent to deceive and in a collusive manner.”
Mullins v. Churchill, 616 N.W.2d 764 (Minn. Ct. App. 2000).
· cites it 6× “) This language is also identical to the language in Minn.Stat. § 481.07 (1998), which states: *768 An attorney who, with intent to deceive a court or a party to an action or judicial proceeding, is guilty of or consents to any deceit or collusion, shall be guilty of a…”
Richter v. Van Amberg, 97 F. Supp. 2d 1255 (D.N.M. 2000).
“§ 7-106 (1988) (repealed); Minn.Stat. § 481.07 (1999); Mont.Code Ann.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.