Skip to main content
A Better Partnership
March 22, 2017

MSC denies leave after MOAA on whether attorney fees award should have been submitted to the jury

The Michigan Supreme Court has denied leave to appeal in Power Play International v. Reddy, No. 154347, following mini-oral argument on the question of whether the trial court erred in awarding attorney fees following a postjudgment hearing rather than submitting the issue to the jury as part of the plaintiffs' breach of contract claim. ​The plaintiffs' claim for attorney's fees was based on a settlement agreement that authorized "the prevailing party" to recover costs and attorney fees incurred in enforcing the agreement.  The Court of Appeals held in an unpublished opinion that the plaintiffs could not prove at trial that they were entitled to attorney fees because the settlement agreement explicitly stated that a party could not recover attorney fees until the party prevailed in the action to enforce the agreement.  Because the plaintiffs did not prevail in the action until the jury decided the issue of damages, the trial court did not err by holding an evidentiary hearing and subsequently granting plaintiffs’ post-judgment motion for contractual attorney fees.  

To read our previous blog post on the Michigan Supreme Court's grant of mini-oral argument, click here

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.



+ -