Fifth Circuit: Transverse v. IA Wireless Srv

 

Appellate holding that a party is a prevailing party under a statute with a compulsory fee award becomes law of the case; the district court can't then deny an award completely for lack of sufficient segregation, but must rather determine, based on the evidence at hand, the appropriate level of fees attributable to the relevant action.

Plain error for the district court to apply the law of the forum, where the choice of law provision was clear, aside from a single specific instance referencing mediation within the forum -- this instance supplies only a procedural law.  Since the chosen foreign law requires all fee awards to be authorized by statute or contract, and the foreign law has no parallel fee shifting statute, error for the court to have shifted fees under the statute.

Absent a damages award or equitable or injunctive relief, prevailing party status is unavailable for purposes of a fee award, even if the court explicitly recognized the breach of the relevant obligaiton.


Transverse v. IA Wireless Srv