Recovery of Attorneys Fees upon Appeal

A couple weeks ago, the Ohio Supreme Court issued a very interesting ruling regarding the recovery of attorneys fees that merits attention.

The case, Cruz v. English Nanny & Governess School, is a case that has been around for over a decade. The underlying case involved claims of wrongful discharge and other torts. At the trial level, the plaintiffs prevailed and were awarded punitive damages and attorneys fees. Numerous appeals then occurred, for a variety of reasons, one of which was contesting the award of punitive damages and attorneys fees.

That award was upheld and then the Plaintiffs moved to be awarded more attorneys fees, arguing that they were forced to incur additional attorneys fees due to defending the school’s appeal. The Plaintiffs prevailed on their motion and, of course, that decision was appealed by the school.

The Ohio Supreme Court held “When parties are awarded punitive damages at trial, they may also recover reasonable attorney fees that they incur successfully defending their judgments on appeal.”

This decision makes clear that if a losing party appeals an adverse punitive judgment & attorneys fees award, that losing party may end up having to pay a lot more money. Something to consider before filing an appeal.

To read the opinion, click here.