Merrifield v. ATS Advisors, Michigan Supreme Court (March 6, 2026)
Background
Plaintiffs Nick Merrifield and Merrifield Machinery Solutions sued ATS Advisors, James Sullivan, and Shane Randell for accounting malpractice and sought to recover attorney fees as an element of their damages. The Oakland Circuit Court dismissed that claim, and the Court of Appeals affirmed, holding that the American rule barred recovery of attorney fees as damages.
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