§ 4.2 INTRODUCTION

• Jurisdiction: Arizona

§ 4.2 Introduction

Of the many statutes that authorize recovery of attorneys' fees, none expressly disallow recovery of attorneys' fees from public entities. See New Pueblo Constructors, Inc. v. State, 144 Ariz. 95, 696 P.2d 185 (1985). For example, fees against the State of Arizona have been obtained pursuant to A.R.S. § 12-341.01(A), the statute permitting fee awards in actions arising out of contract. Of course, public entity defendants are likewise not precluded from recovering attorneys' fees under A.R.S. § 12-341.01(A) and statutes such as 42 U.S.C. § 1988, which provide that a prevailing defendant in an action brought pursuant to 42 U.S.C. § 1983 may recover its attorneys' fees if the court...