DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
202747P.pdf 08/09/2021 Randy Kinder Excavating v. JA Manning Construction Compan
U.S. Court of Appeals Case No: 20-2747
U.S. District Court for the Eastern District of Arkansas - Central
[PUBLISHED] [Shepherd, Author, with Gruender and Benton, Circuit Judges]
Civil case - Attorneys' fees. For the court's decision on the merits of
the parties' contract dispute, see Randy Kinder Excavating, Inc. v. JA
Manning Construction Co, 899 F.3d 511 (8th Cir. 2018). The district court
did not err in applying conflict-of-law principles to determine that the
issue of attorneys' fees was a procedural matter governed by Arkansas law;
the parties' subcontract does not bar defendant from recovering attorneys'
fees; the attorneys' fees sought were incurred by defendant Manning and
not by a third party, and Manning's recovery of attorneys' fees were not
prohibited by Ark. Code Ann. Sec. 23-79-208(a)(2).