"Court strikes down attorney fee award because DOT was 'substantially justified'"

Nexsen Pruet's Jim Bryan speaks to North Carolina Lawyers Weekly about the February 16th ruling in Daily Express, Inc v. Beatty.

The paper reports that the ruling "affirmed a trial court's summary judgment in favor of the plaintiff, returning a $24,208 assessment with interest.  But the court found that a State Highway Patrol officer was 'substantially justified' in levying the assessment, so it vacated the attorney fee award."

Bryan told the paper that the ruling is bad news for trucking companies.  "The motor carrier was trying to do the right thing and got nailed for it.  The court seems to be sending the message that the attorneys fees would be appropriate [after Daily Express], but that's a hypothetical.  Each situation will have its own unique twist," said Bryan.

Read more here.

Jim Bryan is a member of the firm's business litigation practice group and is co-chair of its insurance litigation committee as well as its trucking and transportation committee.  He is a member of the Trucking Industry Defense Association, Transportation Lawyers Association and North Carolina Trucking Association.