Donald D. David v. Bartel Enterprises (Nitro Green), Relator, and SFM Mutual Insurance Company, Relator.
Supreme Court of Minnesota
1DissentStras, Justice
In Irwin v. Surdyk’s Liquor, we held that Minn.Stat. § 176.081, subd. 1(a) (2012), infringes on the judicial power by prohibiting judicial review of statutory awards of attorney fees to ensure that they provide adequate compensation for attorneys litigating claims for workers’ compensation benefits. 599 N.W.2d 182, 141-42 (Minn.1999); see also Minn. Const. art. Ill, § 1. This case presents the other side of the same question: whether the statute violates the separation of powers by prohibiting judicial review of excessive attorney-fee awards under the statute.
I continue to harbor doubts about…
2Cases cited6 opinions
- Gisbrecht v. BarnhartSupreme Court of the United States · 2002
- State v. WillisSupreme Court of Minnesota · 1983
- Kahn v. State, University of MinnesotaSupreme Court of Minnesota · 1982
- Stringer v. Minnesota Vikings Football Club, LLCSupreme Court of Minnesota · 2005
- Krul v. HarlessNebraska Supreme Court · 1986
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