Supreme Court of Kansas

Savage v. Timsah

May 15, 2026

Summary

The court held that attorney fees incurred in prosecuting a slander-of-title action are not recoverable as special damages under Kansas's American Rule absent statutory or contractual authorization. The third-party litigation exception does not apply because the plaintiffs did not incur fees in separate litigation against a third party. The court therefore reversed the attorney-fee award and the appellate judgment affirming it.