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February 2, 2005
Ernst v. Deere & Company, 92 Conn. App. 572, 886 A.2d 845 (2005)

In Ernst, the Connecticut Appellate Court addressed the availability of awards of attorney's fees in consumer protection cases.  The plaintiff advanced the novel argument that public policy mandates consumers be awarded substantial attorney's fees awards for pursuing litigation in which no compensatory damages are available.  The Appellate Court rejected the plaintiff's argument and agreed with Halloran & Sage's position that attorney's fees awards in such cases should be proportionate to the degree fo success obtained in the litigation.