Aronson

After respondents Gary D. Aronson and John S. Gorton voluntarily dismissed their breach-of-contract lawsuit against appellant Advanced Cell Technology (ACT), ACT filed a motion for attorney fees, which the trial court denied. Appellant argues that had the trial court employed the correct choice-of-law analysis, it would have awarded appellant its reasonable attorney fees as the party that prevailed in this action. We disagree and affirm.

I.

Factual and Procedural Background

Respondents entered into a settlement agreement with appellant on September 14, 2005, to resolve a lawsuit that respondents had filed against appellant in Massachusetts. The agreement provided that it was to be governed by, and construed and enforced under, Massachusetts law. The agreement further provided that “any attorney’s fees and costs incurred by any of the Plaintiffs [(Aronson or Gorton)] hereafter in connection with the enforcement of the terms of this agreement . . . shall, together with interest ... be paid on demand by [ACT].” The agreement did not provide for any reciprocal recovery of attorney fees by appellant in the event of a dispute.

Respondent Aronson filed a complaint for breach…