Section 6 Attorney Fees

• Library: Consumer Law and Practice 2010

Attorney fees can be recovered in actions under § 407.025.1, RSMo 2000, based on the amount of time reasonably expended. But if the plaintiff elects to submit a fraud claim to a jury rather than a merchandising practices claim to the court, attorney fees cannot be recovered. Gollwitzer v. Theodoro, 675 S.W.2d 109 (Mo. App. E.D. 1984). The award of fees under § 407.025.1 is not automatic, and the trial court can refuse to award fees in its discretion. Denial of fees can be based on consideration of actual...