Date: April 23, 2018

Appellate Victory, $100k+ Fees Awarded in HOA Dispute

by foleyandmansfield
Date: April 23, 2018
by foleyandmansfield

Appellate Victory, $100k+ Fees Awarded in HOA Dispute

Foley & Mansfield recently won a victory for our client, a homeowners association, in the United States Court of Appeals for the Sixth Circuit. The case alleged multiple and varied claims of civil rights violations, conspiracy, and violations of state laws regarding building use. The local township was also a defendant. The Association was represented by attorney Scott Holmes of Foley & Mansfield’s Detroit office.

Following depositions of the plaintiffs and Association board members, the Association filed a motion seeking to dismiss the case because it lacked legal and factual merit, including that the claims were precluded (res judicata) by prior litigation the plaintiffs brought against the Association over the past 10 years, involving the same or similar theories. On February 24, 2017, the U.S. District Court granted the motion and dismissed the plaintiffs’ claims against, finding the claims barred by res judicata.

Following dismissal, the Association filed a motion requesting the plaintiffs and their attorney be held responsible for the attorney fees incurred to defend the lawsuit, arguing that the lawsuit was frivolous and contained false statements. The U.S. District Court granted this motion and entered a judgment against the plaintiffs and their attorney for $105,126.

The plaintiffs filed three separate appeals to the U.S. Court of Appeals for the Sixth Circuit seeking reversal of:

1) the dismissal of their claims, 2) the award of attorney fees, and 3) denial of their post-judgment motion to eliminate or reduce the fee award.

On April 13, 2018, the Court of Appeals ruled against the plaintiffs, affirming each of the decisions of the District Court. The Association is initiating efforts to collect on the judgment it was awarded.

Scott Holmes

Foley Mansfield Announces Partners Joe Rejano of Chicago and Timothy Ferguson of Miami Chosen as Office Managing Partners

Foley Mansfield, a national law firm with 14 offices across the U.S., is pleased to announce that Partner Joseph Rejano has been chosen as the Office Managing Partner in Chicago and Timothy Ferguson has been tapped to serve as the Office Managing Partner in Miami. “Tim and Joe are both […]

LEARN MORE

Foley Mansfield Elects Six New Partners in 2023

Foley Mansfield is pleased to announce its new partnership class of 2023, in which six accomplished attorneys were elected to partner. “We are thrilled to have these attorneys ascend to the level of partner as each has proven their unwavering commitment to their clients, time and time again, as well […]

LEARN MORE

Clayton Dennert Named to 2022 Missouri & Kansas Super Lawyers Rising Stars List

Foley Mansfield is pleased to announce that Clayton Dennert, Of Counsel in the firm’s St. Louis office, has been named to the 2022 Missouri & Kansas Super Lawyers Rising Stars list. Super Lawyers, part of Thomson Reuters, rates outstanding lawyers from more than 70 practice areas who have attained a […]

LEARN MORE