Attorney’s Fees

July 23rd, 2019 by Rieders Travis in Attorney's Fees

ATTORNEY’S FEES-UTPCPL Krishnan v. Cutler Group, 2017 Pa. Super. LEXIS 766 (October 2, 2017) Bender, P.J.E.  This case involves a building contract and award of attorney’s fees under the Unfair Trade Practices and Consumer Protection Law.  The trial court found in favor of the homeowners on their Unfair Trade Practices and Consumer Protection Law claim.  It granted request for prejudgment interest, denied the request for all their attorney’s fees, granted a request for attorney’s fees and costs in part, and otherwise sustained the verdict.  The judgment was affirmed in part, vacated in part and remanded for consideration of attorney’s fees award, consistent with the opinion. The court has discretion to award attorney’s fees under the UTPCPL.  This also applies to award of costs, including expert fees.  The trial court appropriately awarded expert fees.  Also was proper to award prejudgment interest.  The court has discretion to award prejudgment interest on some claims and not on others.  The homeowner spent a half million dollars to have this home built, and there were many problems.  They had to pay almost $86,000 out of pocket to bring the home in compliance.  Awarding additional fees…

ATTORNEY’S FEES-UTPCPL

November 6th, 2017 by Rieders Travis in Attorney's Fees

Krishnan v. Cutler Group, 2017 Pa. Super. LEXIS 766 (October 2, 2017) Bender, P.J.E.  This case involves a building contract and award of attorney’s fees under the Unfair Trade Practices and Consumer Protection Law.  The trial court found in favor of the homeowners on their Unfair Trade Practices and Consumer Protection Law claim.  It granted request for prejudgment interest, denied the request for all their attorney’s fees, granted a request for attorney’s fees and costs in part, and otherwise sustained the verdict.  The judgment was affirmed in part, vacated in part and remanded for consideration of attorney’s fees award, consistent with the opinion. The court has discretion to award attorney’s fees under the UTPCPL.  This also applies to award of costs, including expert fees.  The trial court appropriately awarded expert fees.  Also was proper to award prejudgment interest.  The court has discretion to award prejudgment interest on some claims and not on others.  The homeowner spent a half million dollars to have this home built, and there were many problems.  They had to pay almost $86,000 out of pocket to bring the home in compliance.  Awarding additional fees and costs…

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.