Wednesday, August 24, 2016
Punitive Damages and Attorney's Fees
Yesterday, the Mississippi Court of Appeals decided Mississippi Valley Silica Company, Inc. v. Barnett, et. al located here. One of the issues raised was the reasonableness of the attorney's fees award. This was the only issue reversed. The Court found that the trial court made no findings of the McKee factors and as such the award had to be reversed for review of this issue only. I have an earlier post here which shows a model form that can be helpful. If the trial court rubber stamps the fee award, the factor findings are in the affidavit. As such, the Appellate Court has something to hang its hat on to affirm the award.