Met-Fab’s answer to the complaint asserted the forum selection clause as a defense. The answer also asserted cross-claims against the codefendants based upon implied and equitable indemnification, contribution, negligent misrepresentation, rescission, and breach of contract. Finally, Met-Fab asserted a counterclaim against H & B for attorneys fees under Minn. Stat. § 549.21 (1980) (prosecuting a civil action in bad faith). 4 Shortly after filing its answer, Met-Fab brought its motion to dismiss based on the forum selection provision. The order from which H & B appeals granted Met-Fab’s motion on the ground that H & B failed to meet its burden of showing that the forum selection provision was unreasonable. On appeal, H & B urges that we permit resolution of the controversy in Hennepin County District Court, either by invalidating the forum selection clause as against public policy or by striking down the clause as unreasonable under the facts of this case.

Northwestern National Bank of Minneapolis v. Shuster · 1981 1 citation

+ 1 more citation in this opinion.

Minnesota-Iowa Television Co. v. Watonwan T v. Improvement Ass'n · 1980 2 citations

+ 2 more citations in this opinion.

Minnesota Court of Appeals

Robert W. Starbeck, individually, and As Trustee of the Arthur C. Starbeck Trust under agreement Dated August 21, 2000, ... · 2025 1 citation

+ 1 more citation in this opinion.

· 2014 1 citation

+ 1 more citation in this opinion.

Antler Ridge, LLC v. Citizens State Bank-Midwest, Perry Hillman · 2014 1 citation

+ 1 more citation in this opinion.

Cargill, Inc. v. Jorgenson Farms · 2006 1 citation

+ 1 more citation in this opinion.

Gibson v. Trustees of the Minnesota State Basic Building Trades Fringe Benefits Funds · 2005 1 citation

+ 1 more citation in this opinion.

Ag Services of America, Inc. v. Schroeder · 2005 1 citation

+ 1 more citation in this opinion.

Marriage of Geske v. Marcolina · 2001 1 citation

+ 1 more citation in this opinion.

Douglas v. Schuette · 2000 10 citations

+ 10 more citations in this opinion.

Whalen Ex Rel. Whalen v. Whalen · 1999 2 citations

+ 2 more citations in this opinion.

Marriage of Pfleiderer v. Pfleiderer · 1999 2 citations

+ 2 more citations in this opinion.

Kellar v. Von Holtum · 1998 10 citations

+ 10 more citations in this opinion.

Cole v. Star Tribune · 1998 4 citations

+ 4 more citations in this opinion.

Obert v. Dahl · 1998 2 citations

+ 2 more citations in this opinion.

Ottman v. Fadden · 1998 1 citation

+ 1 more citation in this opinion.

McGoff v. AMCO Insurance Co. · 1998 2 citations

+ 2 more citations in this opinion.

Geibe v. Geibe · 1997 1 citation

+ 1 more citation in this opinion.

Menahga Education Ass'n v. Menahga Independent School District No. 821 · 1997 1 citation

+ 1 more citation in this opinion.

Swanson v. Parkway Estates Townhouse Ass'n · 1997 1 citation

+ 1 more citation in this opinion.

Reese v. Brookdale Motors, Inc. · 1997 1 citation

3. Brookdale Motors contends that the district court improperly awarded attorney fees to Reese. In its memorandum, the district court stated that it was “convinced” that there was no bad faith on the part of Brookdale Motors. Relying on Minnesota law, Brookdale Motors asserts that an award of attorney fees must be based on a finding of bad faith, and absent such a finding an award of attorney fees is an abuse of discretion. See Minn. Stat. § 549.21, subd. 2 (1996) (permitting award of reasonable attorney fees if party or attorney against whom fees are charged acted in bad faith); State Bank of Young Am. v. Fabel, 530 N.W.2d 858, 863 (Minn.App.1995) (“Requisite to an award of statutory sanctions is that counsel proceeded in bad faith.”), review denied (Minn. June 29, 1995); Glamer v. Time Ins. Co., 465 N.W.2d 591, 597-98 (Minn.App.1991) (absent finding of bad faith, award of attorney fees is abuse of discretion), review denied (Minn. Apr. 18, 1991).

Christensen v. Eggen · 1997 2 citations

+ 2 more citations in this opinion.

Redburn v. Ferlitto · 1997 3 citations

+ 3 more citations in this opinion.

Franklin v. Western National Mutual Insurance Co. · 1997 1 citation

+ 1 more citation in this opinion.

Walker v. Walker · 1996 2 citations

+ 2 more citations in this opinion.

First National Bank of Glencoe/Minnetonka v. Pletsch · 1996 1 citation

+ 1 more citation in this opinion.

John David Contracting, Inc. v. Brozek · 1995 1 citation

*399 Respondent seeks attorney fees pursuant to Minn. Stat. § 549.21 (1994). Because appellant did not act in bad faith or assert a frivolous claim, we deny respondent’s request.

State Bank of Young America v. Fabel · 1995 4 citations

+ 4 more citations in this opinion.

Frank v. Winter · 1995 3 citations

+ 3 more citations in this opinion.

Hampton Bank v. River City Yachts, Inc. · 1995 2 citations

+ 2 more citations in this opinion.

McGuire v. County of Scott · 1994 1 citation

Finally, we decline McGuire’s request to impose sanctions on Scott County for bad faith appeal of this ease. Although we find the county’s implied waiver argument disingenuous given its simultaneous submission of a variance application to the PCA, we do not think that the appeal equates to the level of misconduct required by Minn.R.Civ.P. 11 and Minn. Stat. § 549.21. See Uselman v. Uselman, 464 N.W.2d 130, 143 (Minn.1990).

Lyman Lumber Co. v. Favorite Construction Co. · 1994 1 citation

+ 1 more citation in this opinion.

Patton v. Newmar Corp. · 1994 1 citation

Here, the parties focus on whether the court’s power to sanction is dependent on a finding of bad faith. We conclude that although Minn. Stat. § 549.21 and rule 11 sanctions are necessarily based on bad faith, see Uselman v. Uselman, 464 N.W.2d 130, 140-41 (Minn.1990); Fairbo Oil Co. v. Tatge Oil Co., 501 N.W.2d 699, 702 (Minn.App.1993), pet. for rev. denied (Minn. Aug. 24, 1993), bad faith or the degree of willfulness of the party who altered or destroyed evidence is only one of several factors to consider when determining the appropriateness of the district court’s sanction based on its inherent powers. See Dillon, 986 F.2d at 267-68; Bachmeier, 507 N.W.2d at 534; Computer Assocs. Int’l, Inc. v. American Fundware, Inc., 133 F.R.D. 166, 169 (D.Col.1990); Stubli, 810 P.2d at 788; Schmid, 13 F.3d at 79.

Marriage of White v. White · 1994 1 citation

+ 1 more citation in this opinion.

LaValley v. National Family Insurance Corp. · 1994 3 citations

+ 3 more citations in this opinion.

Matter of KLL · 1994 1 citation

+ 1 more citation in this opinion.

In re Adopt K.L.L. · 1994 1 citation

+ 1 more citation in this opinion.

Vesta State Bank v. Independent State Bank of Minnesota · 1993 11 citations

+ 11 more citations in this opinion.

Thuma v. Kroschel · 1993 4 citations

+ 4 more citations in this opinion.

State Ex Rel. Humphrey v. Baillon Co. · 1993 2 citations

+ 2 more citations in this opinion.

Summit House Co. v. Gershman · 1993 2 citations

+ 2 more citations in this opinion.

Spicer, Watson & Carp v. Minnesota Lawyers Mutual Insurance Co. · 1993 7 citations

+ 7 more citations in this opinion.

Faribo Oil Co. v. Tatge Oil Co., Inc. · 1993 5 citations

+ 5 more citations in this opinion.

Leaf v. Freeman · 1993 2 citations

+ 2 more citations in this opinion.

SHANNON SALES CO., INC. v. Williams · 1992 1 citation

+ 1 more citation in this opinion.

St. Paul Fire & Marine Insurance v. Mori · 1992 2 citations

+ 2 more citations in this opinion.

Sargent v. State Farm Mutual Automobile Insurance · 1992 1 citation

+ 1 more citation in this opinion.

Marriage of Yi Ning Ma v. Mei Fang Ma · 1992 1 citation

+ 1 more citation in this opinion.

MT Properties, Inc. v. CMC Real Estate Corp. · 1992 2 citations

+ 2 more citations in this opinion.

Matter of Zuckerman · 1991 2 citations

+ 2 more citations in this opinion.

Empire Fire & Marine Insurance Co. v. Carlson · 1991 2 citations

+ 2 more citations in this opinion.

Muehlstedt v. City of Lino Lakes · 1991 1 citation

+ 1 more citation in this opinion.

Hennepin County v. Hanneman · 1991 1 citation

+ 1 more citation in this opinion.

Radloff v. First American National Bank of St. Cloud, N.A. · 1991 3 citations

+ 3 more citations in this opinion.

Bergmann v. Lee Data Corp. · 1991 4 citations

+ 4 more citations in this opinion.

Menard, Inc. v. King De Son, Co., Ltd. · 1991 1 citation

+ 1 more citation in this opinion.

Glarner v. Time Insurance Co. · 1991 4 citations

+ 4 more citations in this opinion.

Writers, Inc. v. West Bend Mutual Insurance Co. · 1991 3 citations

+ 3 more citations in this opinion.

American Accounts & Advisers, Inc. v. Hendrickson · 1990 1 citation

+ 1 more citation in this opinion.

Block v. Target Stores, Inc. · 1990 2 citations

+ 2 more citations in this opinion.

Northwest Wholesale Lumber, Inc. v. Citadel Co. · 1990 2 citations

+ 2 more citations in this opinion.

Wexler v. Brothers Entertainment Group, Inc. · 1990 1 citation

+ 1 more citation in this opinion.

Wolf v. State Farm Insurance Co. · 1990 3 citations

The court granted a directed verdict in favor of Wolf. State Farm’s motions for directed verdict, judgment notwithstanding the verdict or a new trial were subsequently dismissed; Wolf’s request for attorney fees and costs under Minn. Stat. § 549.21, subd. 2 was denied.

In Re the Marriage of Aaker · 1989 2 citations

+ 2 more citations in this opinion.

Kilton v. RICHARD G. NADLER & ASSOCIATES · 1989 1 citation

4. The trial court has discretion to award attorney fees against a party or an attorney who acts in bad faith. Minn. Stat. § 549.21, subd. 2 (1988). The award may be upset only upon a finding that the court abused its discretion. Blattner v. Forster, 322 N.W.2d 319, 322 (Minn.1982).

Ganyo v. Engen · 1989 1 citation

+ 1 more citation in this opinion.

Maeser v. COOK, VOEGELE AND NELSON, PA · 1989 1 citation

+ 1 more citation in this opinion.

In Re the Estate of Smith · 1989 2 citations

+ 2 more citations in this opinion.

Dodge v. Cedar-Riverside Project Area Committee · 1989 1 citation

+ 1 more citation in this opinion.

Schleck v. State · 1989 1 citation

+ 1 more citation in this opinion.

Weber v. Sentry Insurance · 1989 3 citations

+ 3 more citations in this opinion.

Bank of Elbow Lake v. First State Bank of Ashby · 1989 1 citation

+ 1 more citation in this opinion.

Davis v. Midwest Discount Securities, Inc. · 1989 1 citation

+ 1 more citation in this opinion.

Roehrdanz v. Roehrdanz · 1989 2 citations

Barbro Roehrdanz is deeply in debt to her attorneys as a result of the “economic warfare” her ex-husband has waged since their separation. This appeal alone cost her $4,000, a figure that is supported by the record. She requests this court to award her attorney fees on appeal under both Minn. Stat. § 518.14 (1988) and Minn. Stat. § 549.21 (1988).

Graupmann v. Rental Equipment & Sales Co. · 1989 2 citations

+ 2 more citations in this opinion.

Marriage of Videen v. Peters · 1989 1 citation

+ 1 more citation in this opinion.

Johnson v. Hunter · 1989 1 citation

+ 1 more citation in this opinion.

Marriage of Burwell v. Burwell · 1989 1 citation

+ 1 more citation in this opinion.

Brown v. State · 1989 1 citation

+ 1 more citation in this opinion.

Bush Terrace Homeowners Ass'n v. Ridgeway · 1989 2 citations

+ 2 more citations in this opinion.