This is an interesting case, coming out of the 8th Circuit Court of Appeals, that reinforces the idea that attorney fees should only be granted to the prevailing party.
In S. Wine and Spirits of Nevada v. Mountain Valley Spring Co., No. 12-1857 (8th Cir. 2013), the 8th Circuit Court of Appeals ruled that neither of the parties prevailed in the lawsuit. Thereby, no attorney fees would be granted.
So why did this case come to the 8th Circuit Court of Appeals? Southern Wine and Spirits won a judgement for $861,000. In the same token, Mountain Valley won a judgment of $183,000. Southern argued that it was entitled to attorney fees because it had prevailed on 3 out of its 4 claims and because its monetary award was more than four times larger than the one obtained by Mountain Valley.
The District Court and the 8th Circuit Court of Appeals disagreed. Following Nevada law, a party is not the “prevailing party” when both parties are found to be at fault. See also Glenbrook Homeowners Ass’n v. Glenbrook Co., 901 P.2d 132, 141 (Nev. 1995) (per curiam).
Thereby, in this case, when both parties won a judgment, it is fair to say that both parties have been found at fault.