Intercontinental Group Partnership v. KB Home Lone Star L.P.

Justice BRISTER,

joined by Justice O’NEILL, Justice WAINWRIGHT and Justice MEDINA, dissenting.

You would hardly know it from the Court’s opinion, but the only question in this case is what the parties intended in a contract providing attorney’s fees for “the prevailing party.” In the rush to find a simple answer, the Court grabs the nearest tool at hand: federal and state laws using the same words. But legislative intent (which forms the basis of the companion case decided today1) is not the same as the parties’ intent, unless the parties intended to adopt the same meaning — and there is no…