Appeals Court: Attorney Fee Award Should Have Delineated Between Sanctionable and Non-Sanctionable Conduct
“Here, the circuit court failed to make any attempt to segregate the amounts incurred because of the appellants’ sanctionable conduct, namely, the costs incurred defending the Audi penalty claim. … Therefore, the award of sanctions in the full amount of Gebreyessus’ requested attorney’s fees was improper and an abuse of discretion,” Justice Stephen R. McCullough wrote on behalf of the 5-2 majority.