Arbitrium (Cayman Islands) Handels AG v. Johnston

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that one exception to the American Rule is “cases where the underlying (pre- litigation) conduct of the losing party was so egregious as to justify an award of attorneys’ fees as an element of damages”
• explaining that bad faith fee shifting is a “quite narrow exception … applied in only the most egregious instances of fraud or overreaching”
• awarding fees based on a finding of defendants’ bad faith where, among other issues, “contemporaneous documents created by defendants” proved plaintiff’s claims
• awarding fees based on a finding of defendants’ bad faith where, among other issues, “contemporaneous documents created by defendants” proved plaintiff’s claims
• but also recognizing that extraordinary circumstances may allow for an additional award of costs, without explaining what those circumstances might be
• but also recognizing that extraordinary circumstances may allow for an additional award of costs, without explaining what those circumstances might be

Source: CourtListener parenthetical corpus (CC0).