Legal Opinion
Nottingdale Homeowners' Ass'n v. Darby
Ohio Supreme Court
Decided October 14, 1987No. 86-1518PublishedCited by 172 opinions
1Opinion of the CourtDouglas, J.
This is a case of first impression requiring us to determine whether two parties, in a noncommercial transaction, may lawfully contract to require, in a suit between them, the payment by the unsuccessful party of the prevailing party’s attorney fees. We hold that they may do so and, accordingly, reverse the decision of the court of appeals.
A majority of state supreme courts currently recognize and follow the “American Rule” regarding the recovery of attorney fees by the prevailing party in a civil action. This
*34rule provides “* * * that attorney’s fees are not ordinarily recoverable in the…
2Cases cited39 opinions
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
- Fleischmann Distilling Corp. v. Maier Brewing Co.Supreme Court of the United States · 1967
- Reynolds Metals Co. v. AlpersonCalifornia Supreme Court · 1979
- Sorin v. Board of EducationOhio Supreme Court · 1976
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3Cited by172 opinions
- NetJets Aviation, Inc. v. LHC COMMUNICATIONS, LLCCourt of Appeals for the Second Circuit · 2008
- Taylor Building Corp. of America v. BenfieldOhio Supreme Court · 2008
- Wilborn v. Bank One Corp.Ohio Supreme Court · 2009
- Williams v. Aetna Fin. Co.Ohio Supreme Court · 1998
- Capella III, L.L.C. v. WilcoxOhio Court of Appeals · 2010
167 more not listed; retrieve them via the Exa API.