Engle

Cautionary tales rarely have happy endings. From the 19th-century German classic, The Dreadful Story of Pauline and the Matches, in which the fate of the child heroine can be deduced from the title, to the more familiar 30’s cult film, Reefer Madness (Motion Picture Ventures 1936), the protagonist almost never does well in them. This case is no exception. We present here a cautionary tale, published, like all of its ilk, in the hope of providing a warning.

Staci Engle appeals from a postjudgment order that denied her motion for attorney fees and costs in this action against Copenbarger & Copenbarger, LLP, Larry Copenbarger, and James Kosareff (collectively, Copenbarger). The case settled when Engle accepted a statutory offer to compromise that said nothing about fees or costs. Engle argues she is entitled to statutory costs as the prevailing party, including fees authorized by statute. We agree and reverse.

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Engle worked as a legal assistant for Copenbarger. She resigned following various alleged acts of sexual harassment. The complaint set out eight causes of action. Three are statutory discrimination claims: sexual harassment, discrimination based on sex, and…