Tag Archives: party

Attorney Fees and Prevailing Party

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.

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Filed under Appellate, attorneys, fees, legal decision, rules

Independent Party

The Independence Party of Minnesota will not formally back a U.S. candidate in 2012, and will instead focus its efforts on a handful of legislative candidates.

Party Chairman Mark Jenkins said he cannot prohibit someone from running under the IP banner, but he said the party has no plans to recruit, endorse or provide financial support to a candidate. Jenkins said he thinks the Independence Party is poised to win some legislative seats for the first time, and that’s his priority as chairman. He said the party doesn’t have the resources right now to also run a U.S. Senate candidate.

“My hope is that in 2014 then maybe we have the resources to support both a statewide governors race and a slew of state legislative races,” Jenkins said. “But I mean it’s no secret that there are some areas of the state where we’re a little thin, and we need to built that up. I want that to be our focus.”

Incumbent Democratic Sen. Amy Klobuchar is running for a second term next year. So far, two Republican challengers have stepped forward.

via Capitol View | Minnesota Public Radio.

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