Sherling v. Townley

How courts have described this case

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

• holding that to award attorney’s fees under section 75-16.1, findings of fact are required
• holding that unlike attorney's fees awarded under N.C. Gen. Stat. § 6-21.5 (2013), the grant of attorney's fees under N.C. Gen. Stat. § 75-16.1 (2013) is \not confined solely to the trial level\
• addressing motion for fees under Rule 11, N.C. Gen. Stat. § 6-21.5 (2014), and N.C. Gen. Stat. § 75-16.1 (2014)
• remanding award of attorneys' fees to the trial court to \make an ultimate finding as to whether plaintiff knew or should have known that the assertion ... of his Chapter 75 claim was frivolous and malicious.\
• “A claim is frivolous if a proponent can present no rational argument based upon the evidence or law in support of [it]. A claim is malicious if it is wrongful and done intentionally without just cause or excuse or as a result of ill will.”
• “N.C. Gen. Stat. § 75-16.1 authorizes an award of attorney’s fees to the prevailing party in a suit alleging a Chapter 75 violation . . . if the plaintiff knew, or should have known, the action was frivolous or malicious” (citing N.C. Gen. Stat. § 75-16.1(2)

Source: CourtListener parenthetical corpus (CC0).