Litton Industries, Inc. v. IMO Industries, Inc.

This is a contract case.

That obvious, self-evident statement bears repeating because it is at odds with the two basic conclusions advanced by the majority in its counsel fee-shifting analysis: that, in a contract action where the measure of damages includes counsel fees, (1) recovery can be had on unsuccessful claims—claims on which no breach of contract has occurred—when they share a “common core” of facts or related legal theories with unsuccessful claims, ante at 387-88, 982 A.2d at 429,1 and (2) after the lodestar is ascertained, a contractual award of counsel fees nevertheless must be…