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COMMERCIAL ASSOC. v. WORK CONNECTION

Nos. A05-862, A05-871.

712 N.W.2d 772 (2006)

COMMERCIAL ASSOCIATES, INC., Respondent (A05-862), Appellant (A05-871), v. The WORK CONNECTION, INC., Appellant (A05-862), Respondent (A05-871).

Court of Appeals of Minnesota.

April 18, 2006.

Attorney(s) appearing for the Case

Jeffrey F. Shaw, David H. Grounds, Briggs & Morgan, P.A., Minneapolis, MN, for Commercial Associates, Inc.

M. Gregory Simpson, Siegel, Brill, Greupner, Duffy & Foster, P.A., and Robert J. Gilbertson, A.L. Brown, Robins, Kaplan, Miller & Ciresi, L.L.P., Minneapolis, MN, for The Work Connection, Inc.

Considered and decided by DIETZEN, Presiding Judge; WRIGHT, Judge; and WORKE, Judge.

OPINION

DIETZEN, Judge.

In this fee dispute, appellant, an independent insurance agency, challenges the district court's grant of partial judgment notwithstanding the verdict (JNOV), ordering appellant, following a jury finding that it breached its fiduciary duty to respondent-client, to forfeit $483,000 in risk-management fees. Appellant argues that (1) the jury finding of no damages precludes the fee-forfeiture award, and (2) the fee-forfeiture award is...

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