Mortensen v. Stewart Title Guaranty Co.

How courts have described this case

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

• noting that when opposing party was on notice that fees were being requested and the authority for those fees, the lack of compliance with the rules of appellate procedure was not dispositive of the request
• noting that when opposing party was on notice that fees were being requested and the authority for those fees, the lack of compliance with the rules of appellate procedure was not dispositive of the request
• using a two-element test requiring an inconsistent position and either unconscionability, an advantage or disadvantage, or inducement
• “Under I.C. § 12-121, [i]f there is a legitimate, triable issue of fact or a legitimate issue of law, attorney fees may not be awarded.”
• Quasi- estoppel involves a party taking “a different position than his or her original position.”
• “Under I.C. § 12-121, [i]f there is a legitimate, triable issue of fact or a legitimate issue of law, attorney fees may not be awarded.”

Source: CourtListener parenthetical corpus (CC0).