UPS

MEMORANDUM

Darel Hardenbrook, Paul Gooch, and Robert Orloff brought suit against United Parcel Service (“UPS”) alleging claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and wrongful termination in violation of public policy. The district court granted UPS’s motion for summary judgment on all of Orloff s claims. Only Hardenbrook’s wrongful termination claim proceeded to trial, at which he won a judgment against UPS. After entry of the judgment, the district court denied Hardenbrook’s and UPS’s petitions for attorney’s fees, finding that there was no prevailing party. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand.

Pursuant to Idaho Code § 12-120 (3), the prevailing party in any civil action to recover on a commercial transaction “shall be allowed a reasonable attorney’s fee to be set by the court.” Idaho Code Ann. § 12-120 (3) (emphasis added). The statute applies in actions brought pursuant to an employment contract and for claims related to the employment relationship. See Jenkins v. Boise Cascade Corp., 141 Idaho 288 , 108 P.3d 380, 391 (2005).

The Idaho Court of Appeals has articulated three factors that a…