Thursday, January 05, 2006

The Randomly Chosen Statutory Provision o' the Day

Today we introduce a new regular feature here at the Flavor Aid Report. In the interest of public outreach and education about the laws which bind us all, we will from time to time highlight a totally randomly selected passage from the Minnesota Statutes.

Today's completely and utterly random statute is section 554.04, subd. 2:

(b) If a motion under this chapter is granted and the moving party demonstrates that the respondent brought the cause of action in the underlying lawsuit for the purpose of harassment, to inhibit the moving party's public participation, to interfere with the moving party's exercise of protected constitutional rights, or otherwise wrongfully injure the moving party, the court shall award the moving party actual damages. The court may award the moving party punitive damages under section 549.20. A motion to amend the pleadings under section 549.191 is not required under this section, but the claim for punitive damages must meet all other requirements of section 549.191.

LESSON: If you're going to sue someone for, say, defamation, you'd better not be doing it out of spite or to silence a critic. Otherwise it could get pretty expensive.

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