How does an insurer know when to challenge an award of attorney fees in a Minnesota workers’ compensation action? The answer would usually involve looking to the appropriate statute, as workers’ compensation is a creature of the legislature. In the case of fees, however, it is often court interpretation of the statute that provides guidance. […]
Minnesota Supreme Court Restricts Challenges to Contingent Attorney Fees
The Minnesota Supreme Court recently addressed a challenge to the reasonableness of contingent attorney fees that were awarded within the statutory cap in David v. Bartel Enterprises (Nitro Green), No. A13-2141 (Minn. Nov. 26, 2014). Since 1999, the Court has allowed contingent attorney fees in excess of the statutory cap by their decision in Irwin […]
Medical Malpractice Claims: Why not to represent yourself
The Minnesota Court of Appeals recently issued an unpublished decision affirming the dismissal of a pro se litigant’s medical malpractice action. Kolosky v. Dahl, No. 82-CV-11-3685 (Minn. Ct. App. Sep. 10, 2012) (unpublished). Pro semeans the plaintiff in this case represented himself without an attorney in a medical malpractice action against a doctor and acupuncturist. […]