Transcanada Keystone Pipeline LP v. Rech

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Transcanada Keystone Pipeline LP v. Rech

Case Number
Call Date
May 21, 2019
Court Number
Case Location
Case Summary

S-18-587 TransCanada Keystone Pipeline, LP v. Donald J. Rech (Appellant)

S-18-588 TransCanada Pipeline, LP v. Schultz Brothers Farm (Appellant)

S-18-589 TransCanada Pipeline, LP v. Allpress Brothers, LLC (Appellant)

S-18-587 & S-18-588 from Boyd County District Court, Judge Mark Kozisek

S-18-589 from the Keya Paha County District Court, Judge Mark Kozisek

Attorneys: David A. Domina and Brian E. Jorde (Domina Law Group, for all Appellants) --- James G. Powers and Patrick D. Pepper (McGrath North, for Appellees)

Civil: Action to recover attorney fees

Proceedings below: The district courts reversed county courts’ award of attorney fees.

Issues: The assignments of error and arguments are identical in all three cases. Nos. 18-587 and 18-588 were also consolidated before the district court of Boyd County.

The issues assigned are whether the district court erred in reversing the county court’s award of attorney fees because 1) the totality of the evidence was sufficient to show the Appellant actually incurred legal fees and costs in the identified amounts; 2) a written fee agreement is not required as evidence to support a motion for attorney fees or costs; 3) the Appellant did not need to aver any specific amount owed to counsel, because each affidavit specifically agreed to the amounts set forth in counsels’ affidavits; and 4) counsels’ affidavits were specific to each Appellant.