DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
132919P.pdf 09/05/2014 G&K Services Co., Inc. v. Bill's Super Foods, Inc.
U.S. Court of Appeals Case No: 13-2919
U.S. District Court for the Eastern District of Arkansas - Jonesboro
[PUBLISHED] [Colloton, Author, with Bye and Gruender, Circuit Judges]
Civil case - Contracts. The award of attorney's fees to plaintiff based on
its success on its breach of contract claim is affirmed; an award of
attorney's fees in not mandatory under the Arkansas Deceptive Trade
Practices Act; the Act establishes an independent basis for awarding fees,
and the Act does not restrict awards to only the party that prevails in
whatever larger litigation involves a claim under the Act; the district
court erred, therefore, in concluding that since plaintiff was the
prevailing party on its breach of contract claim, Arkansas Code Sec.
16-22-308 precluded an award of fees to defendant on its successful claim
under the Act; remanded for further proceedings.