Section 16 Attorney Fees and Costs

• Library: Merchandising Practices Act 2013

By allowing the award of attorney fees, the MPA presents an exception to the “American Rule” that is not available under common-law fraud. Gollwitzer v. Theodoro, 675 S.W.2d 109 (Mo. App. E.D. 1984). Under the MPA, a prevailing party “may” be awarded attorney fees, and some courts have noted that an award is not mandatory. Section 407.025.1, RSMo 2000. The statute does require that any award made must be based on the amount of time “reasonably expended.” Id. Additionally, the court is not barred from considering awards of actual or punitive damages when making an award
of attorney fees. Scott v....