G&K Services Company v. Bill's Super Foods Inc

Filing 235

ORDER denying 232 Defendant's Amended Motion for Reconsideration. Signed by Magistrate Judge Joe J. Volpe on 8/14/2013. (srw)

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G&K Services Company v. Bill's Super Foods Inc Doc. 235 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION G&K SERVICES CO. , INC. v. PLAINTIFF 3:08CV00048-JJV BILL'S SUPER FOODS, INC. DEFENDANT ORDER Pending is Defendant’s Amended Motion for Reconsideration (Doc. No. 232). Plaintiff has responded and Defendant has replied.1 In its Amended Motion, Defendant provided no direct, binding authority requiring attorney’s fees under the Arkansas Deceptive Trade Practices Act. Additionally, he provided no authority to support his position that the “prevailing party” rule is trumped by the ADTPA. In a case involving the ADTPA, the Arkansas Supreme Court “recognized generally, though, that a trial court is not required to award attorney’s fees and . . . [t]he decision to award attorney’s fees and the amount to award are discretionary determinations . . . .”2 So neither the language of the ADTPA nor subsequent case law mandate attorney’s fees for a successful ADTPA claim. The remedy simply is an available option for the trial judge to consider. This fact has been recognized by the Arkansas Court of Appeals: “Attorney’s fees were possible, but not mandatory.”3 Accordingly, Defendant’s Amended Motion for Reconsideration (Doc. No. 232) is DENIED. IT IS SO ORDERED this 14th day of August, 2013. ____________________________________ JOE J. VOLPE UNITED STATES MAGISTRATE JUDGE 1 Doc. Nos. 233, 234. 2 FMC Corp., Inc. v. Helton, 202 S.W.3d 490, 506 (Ark. 2005). 3 Jim Ray, Inc. v. Williams, 260 S.W.3d 307, 313 (Ark. App. 2007). Dockets.Justia.com

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