Attorneys Fees and Costs at issue at Providence Business Calendar

Rhode Island Superior Court Associate Justice Michael A. Silverstein, who runs the Providence County Business Calendar, issued a 19-page decision in Ferris Avenue Realty, LLC v. Huhtamaki, Inc. this week regarding costs and attorneys fees.

Plaintiff, represented by Providence attorneys Richard J. Welch and Michael T. Eskey, was awarded approximately $250k by a jury and sought more than $1 million in counsel fees incurred in winning the case under its indemnity agreement with the defendant seller.

Defendant, represented by Thomas W. Lyons III of Providence and Stephen J. Darmody of Florida, opposed the large amount.

Judge Silverstein found an award of $734,199.73 in fees and costs to be reasonable stating, “The Court cannot say that the prevailing party’s fees sought in this case are reasonable given the amount in controversy and the amount recovered… This awards the full amount of costs and expenses incurred by [the plaintiff], but reduces attorneys’ fees to the amount half-way between the amount of fees requested by the Plaintiff (the unadjusted lodestar amount) and the jury’s award of damages.”

Read the full opinion here.


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