Americas Mining Corp. v. Theriault

I concur in the majority’s decision on the merits, but I would find that the trial court did not properly apply the law when it awarded attorneys’ fees, and respectfully dissent on that issue.

The majority finds no abuse of discretion in the trial court’s decision to award more than $304 million in attorneys’ fees. The majority says that the trial court applied the settled standards set forth in Sugarland Industries, Inc. v. Thomas,133 and that this Court may not substitute its notions of what is right for those of the trial court. But the trial court did not apply Sugarland, it applied its…