“Legal Costs” Do Not Include Attorneys’ Fees, Fourth Circuit Rules
When a contract provided for the breaching party to pay the non-breaching party’s “legal costs,” the Fourth Circuit determined that attorneys’ fees were not included within this term. The February 19, 2013 Fourth Circuit decision which vacates the District Court’s calculation of “legal costs” is Traxys North America v. Concept Mining Incorporated. The dispute involved a coal contract which stated that the breaching party would be obligated to pay “legal costs incurred by [the non-breaching]…
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