The bill does two things to limit attorneys fees. First, it requires the court to consider the reasonableness of the attorneys fees sought in relation to the amount of damages awarded to the prevailing party. Second, it limits the amount of attorneys fees that a winning party can obtain if that party previously rejected a settlement offer that was more than the amount ultimately recovered. Although a little on the technical side, if this bill passes it will be very helpful to employers, particularly as they try to negotiate settlements of employment lawsuits. Although the bill is expected to pass the Minnesota Senate and be sent to Minnesota Governor Mark Dayton, the governor is expected to veto it. It remains to be seen whether similar legislation or a different version of this bill could become law in Minnesota, but its a possibility and a debate worth following.
Kathryn Nash chairs the firm’s Labor, Employment, and Higher Education practice areas. She regularly advises colleges and universities on a wide range of issues unique to higher education institutions, such as Clery, Title IX ...
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