In re Anonymous No. 53 D.B. 81

How courts have described this case

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

• explaining that fees are authorized “only when the tort could not exist ‘but for’ the breach or avoidance of contract”
• acknowledging that the “case law 10 interpreting the statutory phrase ‘arising out of a contract’” is “voluminous and sometimes 11 confusing” but emphasizing that “[t]he statute obviously applies to express claims for 12 breach of contract”
• noting airplane pilot owed legal duty of care “without consideration of any contract terms between the parties,” and vacating fee award
• “A tort claim does not come within the attorneys’ fee statute by being interwoven with an unsuccessful contract claim.” (emphasis in original)
• “A tort claim does not come 2 within the attorneys’ fee statute by being interwoven with an unsuccessful contract 3 claim.”
• “The pilot of an aircraft owes a legal duty of care to many people . . . this duty is based not on contract, but on tort law.”

Source: CourtListener parenthetical corpus (CC0).