Recovering Atty's Fees: Is A Procedural Victory Enough?

Law360, New York (September 19, 2013, 6:27 PM EDT) -- Is a party entitled to recover contractual attorney’s fees if it is the “victor” of the action, or must the party demonstrate some entitlement based on the merits of the contract claim? The answer to this question will soon be decided by the California Supreme Court in Kandy Kiss of California Inc. v. Tex-Ellent Inc.[1]

The general rule — the “American Rule” — is that litigants should pay their own attorney’s fees. If permitted by statute, contract or nonstatutory case law, however, attorney’s fees may be...
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