Schermer, et al. v. Municipal Building Commission, et al., No. 13-1300 (8th Cir. 2014)
Annotate this CasePlaintiffs represented four security guards that filed suit against the Commission for unlawful termination. After the Commission chose to reinstate the guards, it issued checks for back pay to the guards but did not put plaintiffs' names on the checks. Plaintiffs moved to establish an attorneys' lien against the Commission and the district court denied the motion. Determining that the court had jurisdiction under the collateral order doctrine, the court concluded that the district court erred in using equitable discretion to deny the attorneys' lien under Minn. Stat. 481.13 where the statutory requirements for the lien were met. Equitable principles did not trump the lien. Accordingly, plaintiffs were entitled to an attorneys' lien and the court reversed and remanded.
Court Description: Civil case. In action alleging defendant violated Minn. Stat. Sec. 383B.751 and Section 1983 by terminating four securities guards, where defendant chose to reinstate the guards with backpay, the district court decision refusing to impose an attorneys' lien against the defendant was an appealable collateral order; the district court erred when it denied the attorneys' motions to establish an attorneys' lien against the Commission as under Minnesota law the defendant was charged with notice of the lien and the statutory requirements for the lien were met.
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