Prevailing Parties to a Lawsuit Can Recover Attorney’s Fees for Defending Punitive Damages on Appeal
In 2022, Calder Mellino of The Mellino Law Firm contributed to an amicus brief that helped establish new Ohio case law for winners of appealed lawsuits in which punitive damages were awarded.
Calder wrote the brief on behalf of the Ohio Association for Justice and Cleveland Academy of Trial Attorneys. He petitioned the Supreme Court to rule that when prevailing parties of a lawsuit are awarded attorney’s fees along with punitive damages, they can also recover attorney’s fees they incur if the decision is later appealed.
The Supreme Court ruled 5-2 in favor of Calder’s brief, which reversed the Eighth District Court’s earlier decision that additional attorney’s fees related to the appeal could not be recovered, as well as decisions by the Ninth and Fifth districts.
Before the Ruling
Prior to the Supreme Court’s ruling, parties who were found liable for misconduct in court were able to skirt accountability for the cost of appeals to the prevailing party. This meant forcing the plaintiff, who had already won their case, to pay for additional legal representation to defend their right to the compensation they were awarded in an appeal.
Ultimately, this favored those who were proven to have caused harm and placed an undue burden on victims who would never be reimbursed for the cost of fighting a second or third time for restitution.
The Amicus Brief
An amicus brief is a legal document filed during an appeal by parties not involved in the case. It aims to provide relevant information and legal arguments to help the court make a decision. Generally, an amicus brief highlights the broader impact of the court’s decision on society and future similar cases.
In his brief on behalf of the Ohio Association for Justice and Cleveland Academy of Trial Attorneys, Calder Mellino argued that upholding the lower courts’ decisions would disincentivize victims from seeking relief for harm done in the first place. If victims could not be reimbursed for the cost of defending their award when the losing party inevitably appealed, what would be the point of filing a lawsuit to begin with?
The Supreme Court agreed with Calder’s brief, affirming that “attorney-fee awards have long been permitted at common law when punitive damages are awarded” and that prohibiting the collection of these fees after an appeal would cause further harm to a prevailing party who had already been wronged by misconduct.
What This Means
If you were harmed through no fault of your own, Ohio law allows you to pursue compensation for injuries, lost wages, attorney’s fees, and other relevant expenses that you incurred. If you win and the other side appeals, Ohio law now allows you to also recover attorney’s fees for what it cost to hire a lawyer to represent you during the appeal.
Contact The Mellino Law Firm Today
Don’t wait to hold those responsible for causing you and your family harm accountable for their actions in a court of law. We helped establish critical case law in Ohio that favors victims and can apply our knowledge and experience to your legal matter. Contact us today for a free consultation by calling (440) 333-3800 or filling out our online form, and we’ll get back to you as soon as possible to help yo