GARDNER v. ALBERS, 3:14-CV-00383-CRS. (2014)
Court: District Court, W.D. Kentucky
Number: infdco20140716a68
Visitors: 9
Filed: Jul. 15, 2014
Latest Update: Jul. 15, 2014
Summary: MEMORANDUM OPINION AND ORDER CHARLES R. SIMPSON, III, Senior District Judge. This matter if before the Court on a partial motion to dismiss (DN 6) filed by Defendants Gregory Albers and Albers Realty Group, Inc. (collectively "Defendants") against Plaintiff Michael Gardner ("Plaintiff"). For the reasons set forth below, the Court will grant the partial motion to dismiss. DISCUSSION Defendants have moved to partially dismiss Plaintiff's Complaint to the extent it requests damages in the form
Summary: MEMORANDUM OPINION AND ORDER CHARLES R. SIMPSON, III, Senior District Judge. This matter if before the Court on a partial motion to dismiss (DN 6) filed by Defendants Gregory Albers and Albers Realty Group, Inc. (collectively "Defendants") against Plaintiff Michael Gardner ("Plaintiff"). For the reasons set forth below, the Court will grant the partial motion to dismiss. DISCUSSION Defendants have moved to partially dismiss Plaintiff's Complaint to the extent it requests damages in the form ..
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MEMORANDUM OPINION AND ORDER
CHARLES R. SIMPSON, III, Senior District Judge.
This matter if before the Court on a partial motion to dismiss (DN 6) filed by Defendants Gregory Albers and Albers Realty Group, Inc. (collectively "Defendants") against Plaintiff Michael Gardner ("Plaintiff"). For the reasons set forth below, the Court will grant the partial motion to dismiss.
DISCUSSION
Defendants have moved to partially dismiss Plaintiff's Complaint to the extent it requests damages in the form of attorney fees. Because "Kentucky has long followed the `American Rule,' that in the absence of a statute or contract expressly providing therefor, attorney fees are not allowable as costs, nor recoverable as an item of damages," Cummings v. Covey, 229 S.W.3d 59, 61 (Ky. Ct. App. 2007) (citing Dulworth & Burress Tobacco Warehouse Co. v. Burress, 369 S.W.2d 129 (Ky. 1963)), the Court will grant the partial motion to dismiss.
Accordingly, it is HEREBY ORDERED that the partial motion to dismiss (DN 6) filed by Defendants is GRANTED.
IT IS SO ORDERED.
Source: Leagle
