Westgate v. AdelAnnotate this Case
The litigation surrounding this appeal has lasted more than a decade. Watergate Resorts first sued Shaun Adel and Consumer Protection Group, LLC (together, CPG) for breach of contract. CPG counterclaimed for fraud under the Utah Pattern of Unlawful Activity Act (UPUAA). An arbitration panel decided the UPUAA claims in CPG’s favor, but, claiming bias, Westgate moved the district court to vacate the panel’s decision. The court granted the motion. The Supreme Court reversed and confirmed the arbitration panel’s award of damages against Westgate. On remand, the arbitration panel awarded attorney fees to CPG. The Supreme Court reversed in part and affirmed in part, holding (1) the panel’s award of fees for the the court proceedings confirming the panel’s decisions on the merits is void; but (2) the panel’s award of attorney fees expended during arbitration is allowed, and CPG is entitled to attorney fees for this appeal.