Litigation
Jul. 27, 2013
Contractual attorney fee awards, for tort claims?
A recent appellate decision is a reminder that a party can lose the contract claims and still be the prevailing party for an attorney fee award. By Gary A. Watt
A recent appellate decision is a reminder that a party can lose the contract claims and still be the prevailing party for an attorney fee award. The reason is that the party prevailed on the tort claims and a broadly worded contractual attorney fee provision applied to the overall dispute. The case, Maynard v. BTI Group, Inc., 216 Cal. App. 4th 984 (May 29, 2013), provides the opportunity for counsel to review the operative principle...
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