News & Analysis as of

Prevailing Party Breach of Contract

Arizona Reverses Award of Punitive Damages in Bad Faith Case Again

by Jaburg Wilk on

The Holding - In Preciado v.Young American Insurnace Company, 2017 WL 2805631 ( Ariz.App . June 29, 2017) (unpublished), the Arizona Court of Appeals held the trial court erroneously failed to grant an Insurer’s motion for...more

Sharply-Divided Washington Supreme Court Holds That Sureties, Like Insurers, Must Pay Attorney Fees to Prevailing Parties When...

by Pepper Hamilton LLP on

King Cnty. v. Vinci Constr. Grands Projets/Parsons RCI/ Frontier-Kemper, JV, No. 92744-8, 2017 Wash. LEXIS 743 (July 6, 2017) - King County contracted with three construction firms (collectively, “VPFK”) to construct a...more

Arizona Supreme Court Confirms a Prevailing Homeowner Can Recover Fees on Implied Warranty Claims

by Snell & Wilmer on

On August 9th, in Sirrah Enterprises, L.L.C. v. Wunderlich, the Arizona Supreme Court settled the question about recovery of attorneys’ fees after prevailing on implied warranty claims against a residential contractor. The...more

Attorney’s Fees As Damages For Breach Of Contract? A Jury Must Decide

by Weintraub Tobin on

Often times, contracts contain attorney’s fee provisions. These terms allow the prevailing party in any action to enforce the contract to recover its attorney’s fees. Under California Code of Civil Procedure section 1717,...more

District Court Does Not Have Unlimited Discretion in Assessing Reasonable Attorneys’ Fees

by McDermott Will & Emery on

Addressing attorneys’ fees in the context of a breach of contract claim, the US Court of Appeals for the 11th Circuit reversed the district court’s limited award of attorneys’ fees, finding the award inconsistent with the...more

Voluntary Dismissal of Contract Claims Leads to Involuntary Payment of Attorneys’ Fees

by Selman Breitman LLP on

Recently, in Khan v. Shim, No. H041608 (Cal. Ct. App. Dec. 29, 2016) (“Khan”), the California Court of Appeal held where a plaintiff voluntarily dismisses an action involving contract and tort claims, Civil Code section 1717,...more

Recovering Attorney's Fees for Breach of Contract Under Texas Law Recent Cases Say No!

by BakerHostetler on

In the energy sector, many contracts contain Texas choice of law provisions, or are performed in Texas, which means that Texas law probably applies. The conventional wisdom in Texas is that a prevailing party can recover its...more

Attorneys Fees Under California’s Prompt Payment Statutes. Contractor’s “Win” Fails the Sniff Test

This past month, the California Court of Appeals for the Third District, in  James L. Harris Painting & Decorating, Inc. v. West Bay Builders, Inc., Case No. C072169 (August 27, 2015), handed down a decision in a construction...more

Court Throws Wet Blanket On Prime Contractor's Attorneys' Fees Request In Prompt Payment Case

In James L. Harris Painting & Decorating, Inc. v. West Bay Builders, Inc., et al. (No. C072169, filed 8/27/15), the California Court of Appeal for the Third Appellate District upheld the trial court's discretion to not award...more

LLCs Not Subject To Texas Attorney Fee Statute ... For Now

by Zelle LLP on

In a matter of first impression, the United States District Court for the Northern District of Texas recently held that Section 38.001 of the Texas Civil Practice and Remedies Code — the statutory provision allowing a...more

High court set to examine prevailing party attorney fees

by Archer Norris PLC on

Originally published in The Daily Journal on 2/6/13. Last month, the state Supreme Court granted review of the question, “Is the party who obtains the dismissal of a contract action entirely on procedural grounds...more

Fee Awards in Contract Actions

by Archer Norris PLC on

The California Supreme Court is reviewing the following question: "Is a party who obtains the dismissal of a contract action entirely on procedural grounds entitled to an award of attorney fees under Civil Code section 1717...more

The Lack Of An Enforceable Contract Does Not Require Denial Of Attorney Fees Claim

by Hinshaw & Culbertson LLP on

In Douglas E. Barnhart Inc. v. CMC Fabricators Inc., 2012 DJDAR 15717 (2012), the California Court of Appeal for the Fourth Appellate District decided a unique and interesting claim for attorney fees arising from the alleged...more

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