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Breach of Contract – Attorney’s Fees

By: Derek Hawkins//January 22, 2018//

Breach of Contract – Attorney’s Fees

By: Derek Hawkins//January 22, 2018//

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WI Court of Appeals – District II

Case Name: Talmer Bank and Trust v. Thomas S. Jacobsen, et al.

Case No.: 2017AP752-FT

Officials: Reilly, P.J., Gundrum and Hagedorn, JJ.

Focus: Breach of Contract – Attorney’s Fees

The third-party litigation exception to the American Rule allows a plaintiff to recover attorney fees incurred in third-party litigation caused by a wrongful act of the defendant. The question in this case is whether a breach of contract leading to third-party litigation is a wrongful act. We hold that a breach of contract can be a wrongful act under the third-party litigation exception to the American Rule. The attorneys’ fees in this case are rightly considered part of the damages flowing from the defendants’ breach of contract, and are therefore recoverable. We reverse the circuit court’s holding to the contrary.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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