United States Eleventh Circuit

Because the Alabama Trade Secrets Act does not define costs to include attorney's fees, plaintiff may not recover its attorneys' fees under the "costs then accrued" phrase of FRCP 68, but may recover its fees under the contract as the "prevailing party."

Appellate Information

• Decided 07/24/2002
• Published 07/25/2002

Judges

• BARKETT, Circuit Judge:, Before BARKETT and MARCUS, Circuit Judges, and SCHLESINGER, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• J. Jeffery Rich,Sirote and Permutt, PC, Huntsville, AL, for Plaintiff-Counter-Defendant-Appellant., Scott B. Smith, Bradley, Arant, Rose & White, Birmingham, AL, John David Watson, III, Huntsville, AL, for Defendants-Counter-Claimants-Appellees.