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Express Recovery Services v. Olson 2017 UT App 71 (Apr. 27, 2017)

Apr 27, 2017

In this suit over an employment contract, the defendant asserted a counterclaim, seeking a setoff (but no net damage award).  Neither party prevailed on their claims at trial.  The court of appeals held that, although he had not prevailed on his claims, Olson was the prevailing party for purposes of a contractual attorney’s fee award, because he had achieved his optimal outcome: zero recovery.