Our Take on American Power Products, Inc. v. CSK Auto, Inc.
On March 23, 2017, the Arizona Supreme Court, in a rare split decision authored by Vice Chief Justice John Pelander, changed Arizona law with respect to a litigant’s right to recover its reasonable attorney's fees under a contractual fee-shifting provision. The recipient of a favorable judgment in Arizona is no longer inevitably deemed to be the prevailing party under a contractual fee-shifting provision. Now there are additional considerations that go into the mix.