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)

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).
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