The plaintiff and defendant entered into a contractual business relationship and agreed to submit any contractual disputes to mediation and, that if the mediation failed, the prevailing party would be entitled to attorneys’ fees. A dispute arose and EPI Technologies initially sought mediation but later filed a lawsuit in state court, which it lost. Technical security then filed a federal lawsuit seeking attorneys’ fees. The district court rejected that request and plaintiff appealed. The Seventh Circuit reversed, explaining that because the contract did not specify who must seek mediation and on what time table, it could not resolve the dispute based on the record before it and remanded for additional proceedings. (EASTERBROOK, concurring and HAMILTON, specially concurring)
Federal 7th Circuit Court
Civil Court
Breach of Contract