Gipson v Shinnick (D1 10.3.25)

When determining attorney’s fees in a contract dispute, the prevailing party is entitled to fees under the presumptive “net judgment rule.” The “totality of litigation” and “percentage of success” tests only come into play when there are multiple claims and varied success, cf., Schwartz v. Farmers Ins., 166 Ariz. 33, 38 (App. 1990). The net judgment rule applies even if the jury awards the plaintiff significantly less than what was sought. What is surprising here is that an experienced, now retired, trial judge allowed his indignation over the plaintiff’s litigation to influence his application of the law.

This entry was posted in Uncategorized. Bookmark the permalink.