Perspective
Jul. 16, 2014
High court clears up 'enforcement fees' rules
In McQueen, the state high court held that a conservator may not recover attorney fees incurred in fraudulent transfer action to enforce separate judgment, which had already been satisfied. By Paul D. Fogel and Brian A. Sutherland
Just when you think it's over, it's not.
You've won your damages action against the defendant and also persuaded the trial court to award attorney fees under a fee-shifting statute that entitles your client to fees. Game over, right? Nope. The defendant appeals, causing your client to incur additional fees defending the judgment. And to make things worse, the defendant doesn't post a bond, fo...
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