ATTORNEY’S FEES-CIVIL RIGHTS-PENNSYLVANIA-PREVAILING PARTY

April 26th, 2017 by Rieders Travis in Attorney's Fees

Huyett v. Doug’s Family Pharm., 2017 Pa. Super. LEXIS 272 (April 20, 2017) Bowes, J.  Upon remand for the determination of attorney fees, the trial court followed this Court’s directive.  It presided over the trial and had the opportunity to observe the witnesses.  Additionally, it reviewed the trial transcript, weighed the evidence, and reached the conclusion that the evidence of a violation of the PHRA was weak.  In arriving at that finding, the court stated that it did not reject the jury’s credibility determination, but rather independently reweighed the evidence.

Absent herein is any showing that the trial court’s decision was manifestly unreasonable or biased or so lacking in support as to be clearly erroneous, and we may not reverse simply because we may have reached a different result.

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