NFC Law

Juries, not judges, decide attorneys’ fees. Eek(!) or hooray(!): It depends.

Julie Fisk — Thu, 22 Mar 2012 15:19:27 +0000

Prior to last week, deciding whether (and how much) to award for attorneys’ fees in a lawsuit was determined by a judge, not a jury. That is no longer the case in Minnesota. The Minnesota Supreme Court in United Prairie Bank-Mountain Lake v. Haugen Nutrition & Equip., LLC held that juries will, in many cases, determine how much to award for attorneys’ fees, not the judge.

So. What does this mean for the average Minnesotan? Well, if you have signed a contract agreeing to be responsible for the other person’s attorneys’ fees (i.e. promissory notes, personal guarantees, business contracts), you may now have additional leverage to negotiate and/or litigate whether or not the other party’s legal fees are reasonable. A jury may view the reasonableness of legal fees very differently than a judge — and allowing a jury to make that determination certainly adds a new level of uncertainty to a lawsuit when the other party is trying to recover their legal expenses.

What does this mean for business owners who have relied on attorneys’ fees provision in their contracts to protect themselves? You need to immediately review and update your contract provisions with your attorney.

This blog contains general information, is not intended to be legal advice and does not create an attorney/client relationship. Because every situation is unique and requires legal advice specific to those facts, contact us at 320-253-7130 if you have questions about how the United Prairie Bank-Mountain Lake v. Haugen Nutrition & Equip., LLC decision impacts you.

JoAnn Evenson elected President of John E. Simonett American Inns of Court

Julie Fisk — Tue, 13 Dec 2011 21:11:00 +0000

Attorney JoAnn Evenson, a Shareholder at Neils, Franz, Chirhart, Hultgren & Evenson, P.A., was recently elected President of the John E. Simonett American Inn of Court. The organization is comprised of lawyers and judges with a mission to foster excellence in professionalism, ethics, civility and legal skills. The John E. Simonett Inn includes members from a large part of Central Minnesota and is part of a national group, the American Inns of Court.

National Labor Relation’s Board “Employee Rights” Poster Requirement

Julie Fisk — Fri, 16 Sep 2011 13:16:12 +0000

The National Labor Relation’ s Board (NLRB) issued a new rule on August 26, 2011, requiring all private-sector employers subject to the National Labor Relations Act (which excludes agricultral, railroad and airline employers) to post the Employee Rights Poster, regardless of whether their employees are currently represented by a union or not. Employers have until November 14, 2011 to comply with the new rule.

Employers may print the poster here on 11-by-17 paper or by taping two 8-by-11 papers together.

Employers with questions about whether this requirement applies to them, where to post, electronic posting and whether you are required to post for Non-English speakers, please contact us at 320-253-7130.

Neil Franz Appointed to Chamber of Commerce Board of Directors

NFC News — Fri, 29 Jul 2011 14:48:03 +0000

: Neil Franz

NFC Attorney Neil Franz was recently selected to serve on the Board of Directors for the St. Cloud Area Chamber of Commerce. Neil’s board position will being September 1, 2011 and run through August 31, 2014. The St. Cloud Area Chamber of Commerce is the premier resource for St. Cloud Area businesses and supports a healthbusiness environment for its members.

Julie Fisk appointed to Boys and Girls Club Board of Directors

NFC News — Fri, 22 Jul 2011 14:19:21 +0000

Julie Fisk

NFC Attorney Julie Fisk was recently selected to serve on the Board of Directors for the Central Minnesota Boys and Girls Club. Julie also serves on the Boys and Girls Club’s Human Resources Sub-Committee. For over 36 years, the Central Minnesota Boys and Girls Club has served young people across central Minnesota by promoting and enhancing the development of boys and girls by installing a sense of competence, usefulness, belonging, and influence.

Drew Hultgren recieves Rotary’s “Service Above Self” Award

NFC News — Thu, 02 Jun 2011 14:50:17 +0000

Drew Hultgren

Drew Hultgren, Vice President of the St. Cloud Rotary Club, was recently presented with the Rotary District 5950 Individual “Service Above Self” Award in his role as the International Services Chair. Under Drew’s leadership, the St. Cloud Rotary Club provided clean drinking water for approximately 800 villagers living in Los Guineos and Las Yas Ya in the Dominican Republic by both raising the necessary funds and by sending nine Club Rotarians to help install the project. Because of Drew’s leadership, dedication and vision, and the hard work of his fellow Rotarians, these villagers now have clean drinking water.

Congratulations, Drew!

NFC Adds New Attorney

NFC News — Mon, 28 Mar 2011 18:13:14 +0000

NFC Law is proud to announce the addition of Betsey Lund. Betsey comes to NFC after clerking for the Honorable Jodi L. Williamson in Olmsted County. Betsey practices primarily in Estate Planning, Business, Real Estate, Family and Employment Law. We are very excited for her to join our firm and bring her experience and enthusiasm to our strong team. Read Betsey’s full bio here.