(Download) "State Minnesota Department Labor" by Supreme Court of Minnesota * eBook PDF Kindle ePub Free
eBook details
- Title: State Minnesota Department Labor
- Author : Supreme Court of Minnesota
- Release Date : January 30, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the petition of Wintz Parcel Drivers, Inc. and George L. Wintz for further review of a decision of the court of appeals filed November 26, 1996 be, and the same is, granted for the limited purpose of reducing the $1,019,220 penalty to $317,064, the reasonable market cost of insurance without any deductions, leaving the $200,000 ""pure"" penalty in place, making the total penalty due $517,064. While it may be, as petitioners suggest, that the penalty provision is essentially punitive, thereby requiring a higher clear and convincing standard of proof as well as perhaps implicating the Eighth Amendment's excessive fines clause, like the court of appeals, we decline to reach that issue in the absence of adequate briefing. Of concern, however, is that a penalty that goes well beyond compensating the State for its losses may, as one court observed, be counter-productive: