Normally, when a jury finds for a claimant, but then awards no damages, then that is viewed as a defense verdict. After all, damages are generally a required element of a claim.
But if the jury finds for a claimant, but awards zero damages – are they a “prevailing party”? At least one panel of the Georgia Court of Appeals says yes.
In HA&W Financial Advisors LLC v. Johnson, an employer (HA&W Financial) sued an employee (Johnson) under an employment agreement. A15A2298 (Ga. App. April 19, 2016). The contract had a contractual attorneys’ fees provision that entitled “the prevailing party” to recover fees if either party sought to enforce the agreement. Continue reading