211795P.pdf   02/09/2024  Jet Midwest International Co.,  v.  F. Paul Ohadi
   U.S. Court of Appeals Case No:  21-1795
                          and No:  21-1858
   U.S. District Court for the Western District of Missouri - St. Joseph   
   [PUBLISHED] [Smith, Author, with Melloy and Erickson, Circuit Judges] 
   Civil case - Attorney's Fees. For the court's prior opinion in the case 
   concerning the parties' loan agreement, see Jet Midwest Int'l Co. v Jet 
   Midwest Grp, LLC, 932 F.3d 1102 (8th Cir. 2019). The Ohadi defendants were 
   not a party to the term loan agreement between Jet Midwest Int'l and Jet 
   Midwest Group and were not bound by the terms of that agreement which 
   included language that Jet Midwest Grp would pay all costs and expenses 
   for both preparing and enforcing the loan agreement; as a result no 
   contractual provision authorizes an award of attorney's fees against the 
   Ohadi defendants; there is no express statutory authorization for an award 
   of attorney's fees under the Missouri Uniform Fraudulent Transfer Act 
   (MUFTA); although there is neither a contractual nor a statutory basis for 
   an award of attorney's fees against the Ohadi defendants, the district 
   court's fact findings support an attorney's fees award under the special 
   circumstances exception to the American Rule in awarding attorney's fees, 
   and the district court did not err in awarding fees to Jet Midwest 
   International; however, in making its award, the district court never set 
   forth its lodestar calculation prior to considering additional factors in 
   calculating the amount of the award, and the award must be vacated and 
   remanded for further consideration; the district court was authorized to 
   hold the Ohadi defendants jointly and severally liable for costs in the 
   Fraudulent Transfer Action, it could only do so under 28 U.S.C. Sec. 1920, 
   and not the Term Loan Agreement; on remand, the district court may 
   determine whether the request for costs incurred in retaining expert 
   witnesses may be awarded as attorney's fees; on remand, the district court 
   should consider whether other costs, such as printing, legal research and 
   court reporter costs, which Jet Midwest, sought are recoverable under Sec. 
   1920.