BSA 77 P STREET LLC v. Hawkins, 983 A.2d 988 (2009)

Citation: BSA 77 P STREET LLC v. Hawkins, 983 A.2d 988 (2009)
Parent Document: BSA 77 P STREET LLC v. Hawkins, 983 A.2d 988 (2009)
Jurisdiction: DC (municipal)
Effective Date: 2009-11-19
Original Source: https://www.courtlistener.com/opinion/2344963/bsa-77-p-street-llc-v-hawkins/ ↗

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We observe that the "American Rule" of litigation contemplates that each party bear the costs and fees associated with bringing a case to court. See, e.g., Peart v. District of Columbia Hous. Auth., 972 A.2d 810, 818 (D.C.2009). The American Rule places a priority on the ideal of public access to the courts without fear of being assessed monetary costs for unsuccessful advocacy. However, the "American Rule is subject to exception premised upon statutory authority, contractual agreement, or certain narrowly defined common law exceptions." 6921 Georgia Avenue, N.W., Ltd. Partnership v. Universal Cmty. Dev., LLC, 954 A.2d 967, 971 (D.C.2008) (referencing Synanon Found., Inc. v. Bernstein, 517 A.2d 28, 35 (D.C.1986)). It is into one of these exceptions that BSA argues its claim fits, based on the fee-shifting provision in its contract. In the present circumstances, we direct that the trial judge consider these concepts and in his discretion, articulate a basis for the conclusions reached.

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