The 2/1 DCA decided that a nonsignatory defendant did not show a basis for fee recovery after engaging in such an analytical review of
the operative fee clauses and substantive lawsuit claims.
The primary legal infirmity was that
the operative fees clause said both sides would bear their own fees, except for an indemnification dispute — and that type of dispute was not at issue in the case.
Not exact matches
Opposing attorneys were granted
fees under a contractual
fees clause in an
operative settlement agreement between some of the parties (although the provision could encompass even another non-party attorney to the settlement agreement).