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Contracts-Loan Agreement-Breach-Prevailing Party Fee Award
Staff Report//March 18, 2026//
Plaintiff appealed the district court’s award of attorney’s fees and legal costs to defendant under Arkansas’ attorney’s fees statute, after defendant prevailed in the breach of loan agreement statute filed by plaintiff. Plaintiff argued that defendant’s fee motion was untimely and that the district court awarded fees not recoverable under Arkansas law.
Where Arkansas case law placed no limit on a defendant’s ability to recover fees as a prevailing party in a breach of contract action under the fee statute, defendant’s successful assertion of a “no contract” defense did not preclude its right to seek fees.
Judgment is affirmed.
Just Funky, LLC v. Think 3 Fold, LLC (MLW No. 84473/Case No. 25-1868 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Appealed from U.S. District Court, Western District of Arkansas, Brooks, J. (Timothy James Cullen, Little Rock, AR for appellant) (Hannah E. Armentrout, Denver, CO for appellee; Patrick J. Bernal, Boulder, CO on the brief)
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