Americas Mining Corporation, Below v. Michael Theriault, as Trustee for the Theriault Trust, Below, Appellee…

Summary

Justice Berger concurred in the merits but dissented from the award of more than $304 million in attorneys’ fees, reasoning that the trial court relied on incentive and policy views rather than the governing fee standards. The opinion also records the unanimous denial of the defendants’ motion for reargument because the proposed fee-calculation issue was waived and, alternatively, lacked substantive merit. The separate writing would have found an abuse of discretion in the fee award.