Peden
Peden v. Louisiana-Pacific Corp.
Opinion
Lead Opinion
MEMORANDUM *
Patrick J. Peden (“Peden”) prevailed in a wrongful termination action against Louisiana-Pacific Corporation (“L-P”) and then brought a post-trial motion for costs and for attorney’s fees under the Montana Wrongful Discharge from Employment Act (“WDEA”). The court granted Peden’s motion for costs, but denied his request for attorney’s fees. Both Peden and L-P appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
The district court’s award of costs is reviewed for an abuse of discretion. LSO, Ltd. v. Stroh, 205 F.3d 1146, 1160 (9th Cir.2000); K.V. Mart. Co. v. United Food & Commercial Workers Int'l Union, Local 324, 173 F.3d 1221, 1223 (9th Cir.1999). The interpretation of a state statute regarding attorney’s fees is reviewed de novo. Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877 , 883 (9th Cir.2000); Resolution Trust Corp. v. Midwest Fed. Sav. Bank, 36 F.3d 785 , 799 (9th Cir.1993).
The WDEA governs both the arbitration of wrongful termination disputes and the award of attorney’s fees when arbitration offers are declined. Section 39-2-914 of the Montana Code requires that arbitration offers “contain the following provisions”: that a…