CASE LAW UPDATE: Whether a defendant is a prevailing party when the complaint is dismissed with prejudice?
Plaintiff sued in State court for claims related to asbestos removal. The case was dismissed with prejudice, in favor of defendants. The court awarded defendants costs and disbursements as a prevailing party under Minn. Stat. §549.04, subd. 1. Pro se plaintiff appealed. The Minnesota Court of Appeals noted that a dismissal with prejudice operates as an adjudication on the merits, whereby the defendant is a prevailing party. Affirmed.
Moore v. Robinson Envtl., A19-1844 (Hennepin County).
Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.