Merlino v. Delaware County

How courts have described this case

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

• holding that a statutory provision must be explicit to allow the recovery of attorney’s fees as a particular form of expense, and in the absence of express statutory authorization, the legislature’s use of the term “expense” in Section 15(b
• “Certainly, as a matter of common parlance, attorneys’ fees may be considered a form of ‘cost’ or ‘expense’ to a litigant.”
• Use of the word “expense” in a statute was “insufficient to constitute a basis for the award of attorneys’ fees.”
• attorney’s fees are not to be categorized as a recoverable cost of litigation unless expressly provided for by statute
• “[T]here can be no recovery of attorneys’ fees from an adverse party, absent an express statutory authorization, a clear agreement by the parties or some other established exception.”
• “This Court has consistently followed the general, American rule that there can be no recovery of attorneys’ fees from an adverse party, absent an express statutory authorization, a clear agreement by the parties or some other established exception.”

Source: CourtListener parenthetical corpus (CC0).