1600 Barberry Lane 8 LLC v. Cottonwood Residential L.P.
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The Supreme Court affirmed the judgment of the district court awarding Appellees attorney fees pursuant to a provision of a contract under which they sued, holding that the claim for contractual attorney fees was governed in this case by Georgia law.
The contract at issue in this case contained a choice of law provision requiring contractual disputes to be governed by Georgia law. Appellants sued Appellees in Utah, alleging breach of contract. Appellees moved to dismiss. The district court granted the motion. Appellees then filed a motion seeking recovery of attorney fees. In response, Appellants argued that Georgia law should govern the attorney fee provision just as it did the rest of the contract. The district court granted the motion, concluding that Appellees were entitled to attorney fees under the law of either jurisdiction. The Supreme Court affirmed, holding (1) the matter of contractual attorney fees is substantive for choice of law purposes; and (2) applying Georgia law, Appellants failed to show that the district court erred in awarding Appellees attorney fees.
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