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

Background

AzOx, LLC sued Bloom International Realty, LLC in Minnesota state court, alleging breach of contract and fraudulent concealment. Bloom removed the case to federal court. The court later granted Bloom’s motion for summary judgment, which made Bloom the prevailing party for purposes of the attorney-fee request.

The parties’ amended contract kept in effect a provision from the original contract stating that the party substantially prevailing on a claim could recover reasonable claim-related expenses, including attorney fees. Bloom then moved for attorney fees. It requested payment 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 fees unless a statute or contract provides otherwise. Here, the contract supplied that exception. Because Bloom had won summary judgment, the court concluded that Bloom was entitled to attorney fees under the contract.

The court also considered whether the requested amount was reasonable. It reviewed Bloom’s counsel’s declaration and applied factors 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. The court found the requested fee reasonable.

Ruling

Judge Susan Richard Nelson granted Bloom’s Motion for Attorney Fees and awarded Bloom $51,000 in reasonable attorney fees. The order did not award a different amount or state that the motion was granted in part.