Alonso v. Westcoast Corp., No. 17-30877 (5th Cir. 2019)
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After a jury found that Westcoast was liable for breaching a contract it entered with RCS, Westcoast raised claims of error regarding the finding of a bad-faith breach, the language of the verdict form, and the award of attorney fees. In this case, the jury had awarded RCS $304,189 on the bad faith breach of contract claim, $66,450 under the state Prompt Payment Act, $130,517.60 in attorney fees, and $400 in costs.
The Fifth Circuit vacated and remanded the penalty amount determined under the Louisiana Prompt Payment Act, holding that the jury awarded damages exceeding those permitted under the clear language of the Act. The court also vacated and remanded the award of attorney fees for reconsideration of the amount after the statutory penalty was reconsidered.
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