Legal Opinion
Donald D. David v. Bartel Enterprises (Nitro Green), Relator, and SFM Mutual Insurance Company, Relator.
Supreme Court of Minnesota
Decided November 26, 2014No. A13-2141PublishedCited by 4 opinions
1Opinion of the Court
OPINION
ANDERSON, Justice.
The issue presented by this case is whether Minn.Stat. § 176.081, subd. 1(a) (2012),1 violates the separation of powers by requiring employers and insurers to pay attorney fees calculated by a statutory formula not subject to judicial review. Although we held in Irwin v. Surdyk’s Liquor, 599 N.W.2d 132, 134 (Minn.1999), that a statutory maximum on an attorney-fee award violated the separation of powers because there was no final judicial review of that award, we have not considered whether an attorney-fee award less than the statutory maximum must also be subject to…
2Cases cited17 opinions
- Larson v. StateSupreme Court of Minnesota · 2010
- State v. McCoySupreme Court of Minnesota · 2004
- Cowern v. NelsonSupreme Court of Minnesota · 1940
- Hollister v. UlviSupreme Court of Minnesota · 1937
- Holt v. SwensonSupreme Court of Minnesota · 1958
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3Cited by4 opinions
- James Jurgensen, Relator, vs. Dave Perkins Contracting, Inc., and TBG Claims Services, RespondentsSupreme Court of Minnesota · 2025
- Johnson v. A Touch of Class Painting, Inc.Supreme Court of Minnesota · 2019
- Johnson v. Skil-Tech, Inc.Supreme Court of Minnesota · 2019
- Johnson v. Univ. Good SamaritanSupreme Court of Minnesota · 2019