Innerlight, Inc. v. The Matrix Group, LLC

[ 12 I write separately because I am not as convinced as my colleagues that Matrix was the "prevailing party" in "any action or proceeding" pursuant to the plain language of the attorney fees provision of the parties' written agreement. I concur in the result because it does seem a fair and just resolution and because I believe that the law on the issue of whether Matrix is the prevailing party at this stage of the litigation is far from being established in either Utah or Florida, or, for that matter, in any jurisdiction. I note my disappointment that Innerlight chose not to file a response…