AZOX L.L.C. v. Bloom International Realty, L.L.C.

Background

AzOx, LLC filed a Minnesota state-court lawsuit against Bloom International Realty, LLC, alleging breach of contract and fraudulent concealment. Bloom removed the case to federal court. The court later granted Bloom’s motion for summary judgment.

Bloom then moved for attorney’s fees as the prevailing party and under the parties’ contract. Bloom requested fees for 170 attorney hours at $300 per hour, totaling $51,000. AzOx did not file a response.

Court’s analysis

The court explained that Minnesota generally requires each party to pay its own attorney’s fees unless a statute or contract provides otherwise. The parties’ original contract stated that the party substantially prevailing on a claim could recover reasonable claim-related expenses, including attorney’s fees. The amended contract kept that provision in effect.

Because the court had granted Bloom’s motion for summary judgment, it found that Bloom was the prevailing party and was entitled to attorney’s fees. The court also explained that contract-based fees must be reasonable. In assessing reasonableness, courts consider relevant circumstances, including the time and labor required, the difficulty of the work, the amount involved and results obtained, customary fees, counsel’s experience and ability, and the fee arrangement.

After reviewing Bloom’s counsel’s declaration, the court found the requested fee reasonable.

Disposition

Judge Susan Richard Nelson granted Bloom International Realty, LLC’s Motion for Attorney Fees and awarded Bloom $51,000 in reasonable attorney’s fees.