HF1784

Purpose

Creates a new rule intended to deter certain government litigation by making government entities personally pay the defense costs of individuals they sue and lose. The section is titled the AntiLawfare Law and sets up a system where losing government lawsuits against private individuals can result in the government entity owing those individuals’ defense costs.

Main Provisions

• 604.50 Award of Costs: If a government entity starts an action against a person and does not prevail, the government entity must pay the person’s defense costs. This includes all costs, disbursements, and fees, such as attorney fees, that the person incurred defending against the action.
• Definitions:
  • Government entity includes state agencies (as defined in another statute) or municipalities (as defined in another statute).
  • Person is defined as someone other than a government entity.
• Title: The section may be cited as the AntiLawfare Law.
• Other remedies: This provision does not limit any other remedies that may be available.

Significance and Impact

• Creates a financial consequence for government entities that sue private individuals and lose, aiming to reduce frivolous or harassing lawsuits (often described in public discourse as “lawfare”).
• Shifts defense costs to the losing government entity, potentially affecting how government entities assess and pursue civil actions.
• Clarifies that the liability is limited to the defense-related costs borne by the private party; government entities remain subject to other remedies outside this statute.

Changes to Existing Law

• Adds a new cost-shifting rule in Minnesota Statutes, Section 604.50, specifically applying to civil actions brought by government entities against private individuals.
• Establishes a clear distinction between government entities and private persons for purposes of cost liability.

Relevant Terms

• AntiLawfare Law
• government entity
• state agency
• municipality
• person
• award of costs
• costs
• disbursements
• fees
• attorney fees
• defense
• action
• prevail
• did not prevail
• civil actions
• other remedies