MDK Law secured a significant victory for one of its commercial landlord clients by obtaining an order awarding the client’s attorney fees and costs related to a suit initiated by a commercial tenant. Critically, MDK Law obtained the award of attorney fees and costs despite the fact that the tenant had dismissed its claims, without prejudice, two days before the scheduled arbitration. After the tenant realized that its ability to prevail at arbitration was minimal, it dismissed its claims voluntarily in hopes that it could avoid a finding that MDK Law’s client was the prevailing party as defined in the commercial lease’s attorney fee clause. The arbitrator sided with MDK Law and found that even though the tenant had voluntarily dismissed its claims without prejudice, under the terms of the commercial lease MDK Law’s client was the prevailing party and therefore, entitled to an award of its attorney fees and costs. The award was approximately triple the amount alleged as damages by the commercial tenant. Shareholders Mark D. Kimball and James P. Ware represented the client. They received invaluable support from associate Mary K. Thurston.

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