Legal Articles

Prevailing Party, Breach of Contract Attorney Fees

Parties are usually responsible for their own attorneys fees, unless a contract or statute provides otherwise. A common clause in contracts will provide that the “prevailing party” in any dispute pertaining to the contract, including a breach of contract action, will, in addition to its contractual expectancy damages, be entitled to recover their reasonable attorney…

Prevailing Party Attorney Fees in the Merchandising Practices Act ("MPA")

The MPA is an extraordinarily broad statute intended to protect consumers. It  loosens the rigid requirements for traditional common law fraud, negligent misrepresentation, product liability claims, etc. To further its objectives, the MPA statutorily authorizes reasonable attorney fees to a “prevailing party” in MPA litigation. “Missouri has adopted the American Rule; that is, absent statutory…

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