Another Avenue for Attorney's Fees

Saw this note in a Mississippi Supreme Court case last week and never had thought about it much.  The Mississippi Supreme Court has held attorney’s fees may be awarded in cases where punitive damages are, or would be, proper, but are not actually awarded.  See Aqua-Culture Technologies, Ltd. v. Holly, 677 So. 2d 171, 184-85 (Miss. 1996); see also Pursue Energy Corp. v. Abernathy, 77 So. 3d 1094, 1100-01 (Miss. 2011).  Furthermore, punitive damages are not a prerequisite for attorney’s fees, and a chancellor does not abuse his or her discretion by awarding such fees where an award of punitive damages would have been justified.  Aqua-Culture, 677 So. 2d at 184-85.