« Ind. Decisions - 7th Circuit decides one Indiana case today | Main | Ind. Gov't. - More on "BMV seeks clarity on judge's ruling on Indiana Youth Group license plates" [Updated] »

Tuesday, June 18, 2013

Ind. Decisions - "Lawyers can only collect some legal fees for suing Jeffersonville, COA rules"

The June 12th NFP COA opinion in City of Jeffersonville, Indiana and City of Jeffersonville Sanitary Sewer Board v. Environmental Management Corporation (NFP) is the subject of a story today by Charlie White in the Louisville Courier-Journal. Some quotes:

Attorneys who successfully sued Jeffersonville on behalf of the Environmental Management Corp. can collect legal fees from the city for only some of their work on the case, the Indiana Court of Appeals has ruled.

The city must pay the lawyers for their work on a contempt claim they won against Jeffersonville after the company was dropped as the operator of the sewage plant, but not the money the lawyers sought for winning a breach-of-contract claim, the appeals court said in a ruling last week.

In September, Clark Circuit Judge Vickie Carmichael ordered the city to pay the lawyers $270,000 in legal fees, but the appeals court sent the case back to the lower court to determine how much the city owes the lawyers solely for their work on the contempt claim. * * *

“We are not persuaded that the trial court correctly concluded that the trial of the breach of contract claim was substantially a result of Mayor Galligan’s contemptuous conduct,” the appeals court wrote.

The COA opinion concluded:
Based on the foregoing, we conclude that the trial court’s award of attorney fees for the City’s contempt was unsupported by the evidence. We therefore remand to the trial court with instructions to calculate the amount of attorney fees incurred in the prosecution of EMC’s contempt complaint.

Posted by Marcia Oddi on June 18, 2013 12:14 PM
Posted to Ind. App.Ct. Decisions