Plaintiff is entitled to attorneys accrued in successful action seeking to enforce $9 million arbitration award that had been confirmed by Dist. Ct. and had been affirmed by Ct. of Appeals, since commercial parties that refuse to comply with arbitrator’s decision presumptively must pay attorney fees of prevailing party. Moreover, as sanction, plaintiff is entitled to attorney fees accrued in its subsequent effort to collect said fees where defendant has refused to pay said fees, has filed another action with arbitrator dealing with propriety of said fees and has filed subsequent separate action in California District Court seeking order to relieve it of any obligation to comply with instant arbitration order in spite of final decision by Ct. of Appeals. Ct. of Appeals also directed counsel for defendant to show cause why they should not be jointly and severally responsible under section 1927 for paying approximately $272,000 in fees accrued by plaintiff (outside of fees accrued by plaintiff in California action) and observed that District Court was free to entertain any motion by plaintiff seeking to enjoin defendant from pursuing California action.
Federal 7th Circuit Court
Civil Court
Attorney Fees