Son Of Nursing Home Resident That Lost Breach Of Contract Claim Denied Attorneys Fees

A Connecticut appeals court has recently held that the son of a nursing home resident and also defendant that lost a breach of contract claim, but was successfully able to defend against two other claims, is not entitled to attorneys fees.  In Athena Holdings, LLC v. Marcus the court ruled that the breach of contract claim that the nursing home had prevailed on was the only claim that the defendant could have been awarded attorneys fees for.  

Connecticut law awards attorneys’ fees to consumers that successfully defend themselves in contract disputes.  The court refused to expand the scope of the attorneys’ fee statute to include those that “successfully defends against two alternative theories of liability set forth in the complaint, but loses on the breach of contract count, the only count ‘based upon the contract.'”  The Court of Appeals court decision can be read here. 

See No Attorneys’ Fees for Nursing Home Resident’s Son Who Lost a Breach of Contract Claim, Elder Law Answers, October 16, 2015. 

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.