Stone v. East Coast Swappers, LLC

Summary

The court held that CUTPA does not create a presumption that a prevailing plaintiff ordinarily receives attorney’s fees, because the statute leaves fee awards discretionary and neither the statutory text nor legislative history supports such a presumption. The court nevertheless concluded that the trial court abused its discretion by using the more demanding standard applicable to punitive damages when denying attorney’s fees, rather than considering the distinct remedial purpose of the fee provision. The judgment was reversed and the matter was remanded for reconsideration of the plaintiff’s fee request.