SF1922

Purpose

• Establishes a mechanism to require a government entity to pay the defense costs of a private person when the government entity sues and loses. This is described as the AntiLawfare Law.

Main provisions

• Section title: Actions by Government Entities Award of Costs.
• Subdivision 2 – Definitions:
  • Government entity means a state agency or a municipality.
  • Person does not include a government entity.
• Subdivision 3 – Award of costs:
  • If a government entity commences an action against a person and does not prevail, the government entity is liable to the person for all costs, disbursements, and fees, including attorney fees, that the person incurred related to their defense.
• Subdivision 4 – Other remedies:
  • This provision does not limit any other remedies that may be available.

Meaning and potential impact

• The bill introduces financial accountability for government entities when they sue private individuals or entities and lose, potentially discouraging merited or frivolous lawsuits by public bodies.
• By defining who is covered (government entity) and who is protected (the private “person”), it clarifies when defense costs are recoverable.

Significance for existing law

• Adds a new liability framework within Minnesota law (Minnesota Statutes chapter 604) specifically for defense cost reimbursement when a government entity loses a civil action against a private party.
• Does not remove other remedies available to private parties; it supplements them by enabling recovery of defense costs.

---

Relevant Terms

• AntiLawfare Law
• government entity
• state agency
• municipality
• person
• action
• award of costs
• costs, disbursements, and fees
• including attorney fees
• defense costs
• did not prevail
• liability for costs
• Minnesota Statutes, chapter 604
• other remedies