5th Circ. Nixes Wal-Mart Fees Award In Contract Suit

Law360, New York (July 19, 2011, 7:47 PM EDT) -- The Fifth Circuit on Tuesday vacated an $810,000 attorneys' fee award for Wal-Mart Stores Inc. that the retail giant received after it partly prevailed in a contract fight with Qore Inc. over the construction of a Mississippi store on unstable clay.

A lower court abused its discretion by hitting Qore Inc., a geotechnical services firm, with the entire $810,000 attorney bill despite the fact that Wal-Mart did not prevail on all of its claims, the appeals court ruled, vacating and remanding the decision.

“Wal-Mart's successful and...
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