Courts Have a Duty to State the Claims for Which They Are Awarding Attorney's Fees
Attorney's Fees
September 20, 2011
As I recently told you, the United States Supreme Court recently held that a federal court can award attorney's fees is some, but not all, claims are found to be frivolous in Fox. v. Vice, ___ U.S. ___ (2011), Cause No. 10-114. I also told you about a case from the Indiana Court of Appeals that left the issue of whether Indiana would apply the Fox rationale open. On September 15, 2011, the Indiana Court of Appeals gave further guidance on this issue and appears to agree with principle with Fox in City of Jeffersonville v. Envtl. Mgmt. Corp..
Lesson:
As I recently told you, the United States Supreme Court recently held that a federal court can award attorney's fees is some, but not all, claims are found to be frivolous in Fox. v. Vice, ___ U.S. ___ (2011), Cause No. 10-114. I also told you about a case from the Indiana Court of Appeals that left the issue of whether Indiana would apply the Fox rationale open. On September 15, 2011, the Indiana Court of Appeals gave further guidance on this issue and appears to agree with principle with Fox in City of Jeffersonville v. Envtl. Mgmt. Corp..
Lesson:
- If a trial court is awarding attorney's fees on some, but not all, claims, then it must specifically verify that its award did not include compensation for fees incurred as a result of the claims that don't support an award of attorney's fees.
Trackback Address :: http://www.indianalawupdate.com/trackback/270
