Q: Why are attorney fees non-reimbuseable to the prevailing party in a liquidated damages lawsuit?
A: Illinois law only permits the recovery of attorneys fees under a few circumstances: if a statute provides for it, fraud, or there is a contract providing for fees. If the liquidated damages clause did not provide a provision allowing for the recovery of reasonable attorneys fees and there was no fraud or statutory basis for fees, that would explain why the court did not order them.
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