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L'ESPERANCE v. Benware, 2003 VT 43 (2003)

Citation
L'ESPERANCE v. Benware, 2003 VT 43 (2003)
Parent Document
L'ESPERANCE v. Benware, 2003 VT 43 (2003)
Jurisdiction
Vermont (state)
Effective Date
2003-05-02

Other Sections in This Document (64)

Full Text

694 chars
¶20. Landlord contends that the trial court erred in awarding attorney’s fees to plaintiffs, arguing that: (1) attorney’s fees were awarded under the Consumer Fraud Act and hence should not apply to attorney’s time spent on alternative claims; (2) the results in this case warranted a downward departure from the initial fee, given the dismissal on several claims and the limited damages awarded on successful claims under the Consumer Fraud Act; and (3) the award of attorney’s fees was unreasonable because the award produced a windfall to plaintiffs’ attorney, the attorney’s fees were too high, and the trial court abused its discretion by failing to consider landlord’s financial hardship.