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.
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.
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).