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17.9441 LIMITS ON REMEDIES.

Subdivision 1.Penalties.

In a proceeding in which civil penalties are claimed from a party for a violation of section 17.943, it is a defense to the claim that the party made a good faith and reasonable effort to comply with section 17.943.

Subd. 2.Attorney's fees.

A party who has made a good faith and reasonable effort to comply with section 17.943 may not be assessed attorney's fees or costs of investigation in an action for violating section 17.943.

Subd. 3.Class action attorney's fees.

In a class action or series of class actions that arise from the use by a contractor of an agricultural contract found to violate section 17.943, the amount of attorney's fees and costs of investigation assessed against that contractor and in favor of the class or classes may not exceed $10,000.

Subd. 4.Limits on producer actions.

Violation of section 17.943 is not a defense to a claim arising from a producer's breach of an agricultural contract. A producer may recover actual damages caused by a violation of section 17.943 only if the violation caused the producer to not understand the rights, obligations, or remedies of the contract.

Subd. 5.Statute of limitations.

A claim that an agricultural contract violates section 17.943 must be raised within six years of the date the contract is executed by the producer.

History:

2000 c 470 s 9

Official Publication of the State of Minnesota
Revisor of Statutes