Moore v. Omnicare, Inc.

Justice EISMANN,

specially concurring.

I concur in the majority opinion, but write to add a further comment regarding Mednat’s contention that the arbitration panel had authority to award attorney fees pursuant to AAA rules. Those rules authorize an arbitrator to award attorney fees if “the award is authorized by law.” Mednat contends that Idaho Code §§ 12-120(3) and 12-*821121 authorize the awarding of attorney fees in arbitration proceedings. Idaho Code § 12-120(3) provides that “the court” shall award attorney fees to the prevailing party “[i]n any civil action” to recover in a commercial…