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State court of last resort · ST-VA-SC
Bolton v. McKinney
No. 200637Supreme Court of Virginia
200637 Bolton v. McKinney 04/01/2021 In an action for violation of a covenant not to sue, plaintiffs should have been permitted to recover attorney's fees as damages because, unlike in most cases, attorney's f…
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200637 Bolton v. McKinney 04/01/2021 In an action for violation of a covenant not to sue, plaintiffs should have been permitted t…
- Court
- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- April 1, 2021
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200637 Bolton v. McKinney 04/01/2021 In an action for violation of a covenant not to sue, plaintiffs should have been permitted to recover attorney's fees as damages because, unlike in most cases, attorney's fees are direct or consequential damages of a breach of this type of agreement, and an award of attorney's fees and costs helps to put the non-breaching party in the position it would have been in had the breach not occurred. The circuit court erred in failing to award the amount of attorney's fees plaintiffs incurred defending the lawsuits initiated by defendant as damages in the current action. The general rule in Virginia law that attorney's fees are not recoverable as damages is not…
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