Marlow v. United Sys. of Ark., Inc. (Majority, with Dissenting)
Annotate this CaseLes Marlow filed a complaint against Glenn Petkovsek and United Systems of Arkansas, Inc. for breach of contract and breach of the duties of good faith and fair dealing. Additionally, Appellants, Les Marlow and other individuals, filed claims for wrongful termination in violation of public policy against Petkovsek and United Systems. Various counterclaims were filed against Appellants, including breach of contract and conversion. The jury (1) entered verdicts in favor of United Systems on its claims but awarded zero damages, and (2) entered defense verdicts for Petkovsek and United Systems, finding Plaintiffs failed to prove their claims. The circuit court subsequently found United Systems and Petkovsek were entitled to attorney's fees and costs but awarded them only to Petkovsek. Appellants appealed the award. The Supreme Court affirmed the circuit court's award, holding that the circuit court did not err in (1) finding that Petkovsek was a prevailing party; and (2) finding that attorney's fees and costs are available to a prevailing party in a wrongful-discharge against public-policy case.
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