River Ridge Development Authority v. Outfront Media, LLC, David Watkins, No Moore, Inc., the Schlosser Family…

Summary

The Indiana Supreme Court held that attorney’s fees could not be awarded under either the common-law obdurate-behavior exception or the General Recovery Rule because the defendants were not prevailing parties after River Ridge voluntarily dismissed its complaint. Although courts possess inherent authority to shift fees as a sanction at any point in litigation, the record did not establish the bad faith and exceptionally oppressive conduct required to exercise that authority. The court therefore reversed the trial court’s fee award.