Textron Innovations Inc et al v. Centrifugal Technology Inc et al

Filing 526

ORDER denying 473 Motion for Attorney Fees. The Court reserves ruling on Plaintiff's Motion for Costs. Signed by Judge Donald E Walter on 12/14/09. (crt,Alexander, E)

RECEIVED
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DEC 142009
WESTERN D~T~CTOFLOU~ANA SHREVEPORT, LOUISIANA

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA CIVIL ACTION NO. 05-0287 JUDGE DONALD B. WALTER MAGISTRATE HORNSBY

UNION PUMP CO. VERSUS CENTRIFUGAL TECHNOLOGY INC., ET AL

ORDER Before the Court is Plaintiff's Motion to Set Attorney's Fees and Tax Costs. [Doe. #473]. Plaintiff seeks attorney's fees in the amount of $789,251.00. Defendants object to an award of attorney's fees in this case. Under the "American Rule" it is general practice in the United States for each party to bear their own attorney's fees. See Buckhanon Board and Care Home, Inc. v. West Virginia Department of Heath and Human Services, et al., 532 U.S. 598, 602 (2001). Attorney's fees "are not ordinarily recoverable in the absence of a statute or enforceable contract providing therefore," or in limited exceptions where necessary to further the interests ofjustice. See Summit Valley Industries Inc. v. Local 112, United Brotherhood of Carpenters and Joiners ofAmerica, 456 U.S. 717, 712 (1982). Of the three successful claims brought by Plaintiff, only the Louisiana Uniform Trade Secrets Act statutorily allows for the recovery of attorney's fees. See LSA R.S. 51:1434. The statute provides that the Court may award reasonable attorney's fees to the prevailing party if willful and malicious misappropriate exists. Id. The statute, as drafted, indicates that the Court has discretion in this matter and "may" award attorney's fees if willful and malicious misappropriate exists. The Court is mindful that

the jury found the Defendants liable under the Louisiana Uniform Trade Act, and that the Defendants acted in bad faith. However, it is the opinion ofthe Court that the jury provided Plaintiff adequate compensation in their award of $2,125,559.00. Accordingly, Plaintiff's Motion for Attorney's Fees [Doc. #473] is DENIED. The Court RESERVES ruling on Plaintiff's Motion for Costs. TIIIJS DONE AND SIGNED, this

/~(ay of December, 2009. d

STATES DISTRICT JUDGE