St. Luke Evangelical Lutheran Church, Inc. v. Smith

BLACKWELL, Judge.

The main issue in this appeal is whether a jury, in calculating an award of punitive damages, was properly instructed to consider attorney’s fees incurred by the plaintiff in the underlying cause of action. In this country, the prevailing party in a lawsuit is not ordinarily entitled to recover reasonable attorney’s fees as an element of damages. Alyeska Pipeline Service Co. v. Wilderness Society, *339421 U.S. 240, 247, 95 S.Ct. 1612, 1616, 44 L.Ed.2d 141, 147 (1975); Empire Realty Co. Inc. v. Fleisher, 269 Md. 278, 305 A.2d 144 (1973). This “American Rule,” however, refers…