The court just entered judgment in favor of your client after prevailing on its breach of contract action. As you savor the victory, your lawyer brain begins outlining a motion for prevailing party attorney fees. You notice, however, that the judge has reduced the damages award due to a “diminution of value” defense raised by defendant. Following the reduction in the amount of damages, you question whether your client may still be the prevailing party for purposes of attorney fees under the subject agreement.

First thing first, look at the subject agreement. If a clear reading of the attorney fees provision applies to the context and type of contract claim of your case, then you are off to a good start. In Dear v. Q Club Hotel, Ltd. Liability Co., No. 15-CV-60474, 2017 U.S. Dist. LEXIS 181905 (S.D. Fla. Nov. 1, 2017) the Southern District refused to grant prevailing party attorney fees to a defendant that could not show how the subject attorney fees provision “clearly” and “unambiguously” authorized an award of attorney fees and costs for the type of contract claim at issue.

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