Adams

Aeroquip Corp. v. Adams

Good Law
45 F. App'x 634
United States Court of Appeals for the Ninth CircuitAugust 21, 2002No. 00-36054; D.C. No. CV-95-00138-JKSCalifornia2,590 words

Opinion

Lead Opinion

MEMORANDUM *

On December 16, 1999, we issued a memorandum disposition in this case holding that the district court had erred in determining that Trinova Corporation (“Trinova”) was not a prevailing party as to third-party claims filed by Alaska Rubber & Supply and Alaska Interior Rubber and Supply, Inc. (“Distributors”). We therefore reversed the district court’s decision as to Trinova’s status as a prevailing party on the Distributors’ claims and remanded the case “for an award and calculation of attorneys’ fees and costs for Trinova.”

I

On remand, Trinova filed a motion to recover its actual attorneys’ fees. In ruling on that motion, the district court found *636 that the Distributors had not engaged in vexatious conduct or exhibited bad faith. Therefore, the district court reasoned, Trinova was not entitled to recover its actual fees. The district court determined, however, that Trinova could recover a portion of its fees, as calculated pursuant to Rule 82 of the Alaska Rules of Civil Procedure. The district court determined that it would award Trinova twenty-percent of its attorneys’ fees because Trinova had prevailed against the Distributors at the summary judgment stage.…

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