§ 5.1 THIS CHAPTER'S SCOPE

JurisdictionArizona

§ 5.1 This Chapter's Scope

There has long been an exception to the "American rule," which generally precludes recovery of attorneys' fees, in cases when a party "has acted in bad faith, vexatiously, wantonly, or for oppressive reasons." F.D. Rich Co. v. United States for Use of Industrial Lumber Co., 417 U.S. 116, 129 (1974). Such fee awards are primarily intended to punish and deter misconduct, and only incidentally intended to compensate those who have been affected by it. See Hall v. Cole, 412 U.S. 1, 5...

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