A little win is still a win

Western Insulation, LP v. Moore, No. 08-2106 (4th Cir. Va. Jan. 22, 2010) (unpublished). Virginia law, which governed in this case regarding a non-competition agreement, allows the award of attorney’s fees to a prevailing party when the parties’ contract provides for such fees. The district court had enforced the attorney’s fee provision against the losing party, and the court of appeals affirmed the decision.  The plaintiff had not won all of the relief sought in the complaint and, in fact, had won only nominal damages and an injunction. Nevertheless, the court found, the plaintiff was the prevailing party under Virginia law: Injunctive relief was an important remedy, and, although no compensable damages were awarded, the suit resulted in a verdict against the defendant.

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