Not Losing, Not Winning
October 19, 2026Archer Western Contractors v, McDonnel Group, affirmed a denial of attorneys fees in a contract dispute based on contract language.
Archer and McDonnel had a joint venture agreement for a project in Orleans Parish. McDonnel brokered a settlement of a cash-flow problem that did not benefit Archer. Archer unsuccessfully sued for breach of contract. McDonell then sought attorneys fees, which the trial court denied, concluding that “the agreement permitted fee shifting only after a judicial determination that the (would be) paying party breached. The determination that one party did not breach was not enough.” No. 25-30739 (Oct. 5, 2026), The Fifth Circuit affirmed.