Western Mortgage & Realty Co. v. Walker, 2026 UT 30 (Nielsen, J.)
Civil/Civil Procedure
The Utah Supreme Court held:
The district court erred when it allowed plaintiffs to obtain contingent attorney fees as consequential damages when plaintiffs failed to timely disclose fees and prove their foreseeability or amount at trial.
Practice tip:
When a party seeks attorney fees under the fiduciary duty exception to the American Rule, those fees are consequential damages, and the party seeking them must comply with the usual disclosure and burden of proof requirements for damages.
