Released.

The district court awarded attorneys fees for a lawsuit filed in breach of a release, and the Fifth Circuit affirmed.  Dallas Gas Partners v. Prospect Energy Corp., No. 12-20496 (Oct. 7, 2013).  Among other arguments, appellants contended that even if they were bound by the release, they did not breach it because they were not named plaintiffs in the offending action.  Admitting that they funded the lawsuit, and directed the plaintiff entity to bring the suit, they argued that those actions did not violate the agreement not to “institute, maintain or prosecute any action . . . ”  The Court found that “maintain” meant financial support.