Ga. Code Ann. § 13-6-11

In contract actions, § 13-6-11 requires bad faith in the underlying transaction; conduct after the cause of action arose does not establish it.

Lexmark Carpet Mills, Inc. v. Color Concepts, Inc. · filed 2003-05-01

In contract actions like this one, the element of bad faith relates to the defendant’s conduct in entering into the contract or pertains to the transaction and dealings out of which the cause of action arose, not to the defendant’s conduct after the cause of action arose.

Section 13-6-11 permits attorney fees for bad faith in contractual dealings when supported by some evidence, even if a genuine dispute bars fees based on unnecessary trouble and expense.

Freightliner Chattanooga, LLC v. Whitmire · filed 2003-07-07

Whitmire sought to recover attorney fees against Freightliner under OCGA § 13-6-11, asserting that the company had acted in bad faith and caused him unnecessary trouble and expense. ... Because the evidence in this case showed a genuine dispute, attorney fees were not authorized on that ground. ... Accordingly, because there is some evidence to support a finding of bad faith and we cannot conclude as a matter of law that there was a reasonable defense establishing Freightliner’s good faith, we must affirm the award.

Section 13-6-11 allows a jury to award litigation expenses for bad faith, stubborn litigiousness, or unnecessary trouble and expense; whether bad faith occurred depends on the facts.

Multimedia Technologies, Inc. v. Wilding · filed 2003-07-15

OCGA § 13-6-11 provides, that a jury may allow the expenses of litigation where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense. ... However, “bad faith is a question for the [trier of fact] to be determined from consideration of the facts and circumstances in the case.” ... Thus, the evidence does not demand a finding of bad faith on the part of Anderson.

Section 13-6-11 allows attorney fees for bad faith in the underlying transaction.

Morrison Homes of Florida, Inc. v. Wade · filed 2004-03-26

A plaintiff is entitled to recover attorney fees under OCGA § 13-6-11 only if he can establish that the defendant has acted in bad faith in the underlying transaction.

Section 13-6-11 permits an award of attorney fees when a party to a controversy has acted in bad faith.

Rice v. Lost Mountain Homeowners Assoc. · filed 2004-08-16

When a party to a controversy has acted with bad faith, attorney fees can be awarded under OCGA § 13-6-11.

Bad faith attorney fees under § 13-6-11 require evidence of intentional rather than merely negligent conduct in the transaction underlying a tort claim.

Wilson v. J & L MELTON, INC. · filed 2004-10-07

In any event, with no evidence of bad faith of record, ... (attorney fees for bad faith in actions sounding in tort refers to intentional rather than negligent conduct in transaction out of which cause of action arose), summary judgment ... for the Restaurant upon Wilson’s bad faith attorney fees claim here was proper.

Evidence of earlier events may show bad faith for an attorney-fee award under § 13-6-11, even when damages for those events are unavailable.

City of Roswell v. Bolton · filed 2004-11-03

Evidence of flooding before October 9, 1998, was relevant to the issue of bad faith and the award of attorney fees.

Section 13-6-11 permits attorney fees when evidence supports a jury finding of bad faith in performing a contract.

Robert E. Canty Building Contractors, Inc. v. Garrett MacHine & Construction, Inc. · filed 2004-12-01

This evidence constitutes a sufficient basis upon which the jury could determine that CBC acted in bad faith in dealing with Garrett Machine under the contract and in performing under the provisions of such contract.

Section 13-6-11 permits attorney fees for bad faith arising from how a defendant dealt with the plaintiff, and a jury’s award stands if supported by some evidence.

City of Atlanta v. Landmark Environmental Industries, Inc. · filed 2005-03-17

Bad faith warranting an award of attorney fees must have arisen out of how the defendant acted in dealing with the plaintiff. ... Notwithstanding, there was sufficient evidence to support a finding that the City acted in bad faith by refusing to take any action to alleviate damage that it knew or should have known was being caused by its sewer lines.

Expenses of litigation based on bad faith require bad faith in the underlying transaction before litigation.

Lay Bros., Inc. v. Golden Pantry Food Stores, Inc. · filed 2005-06-22

In this context, “the element of bad faith that will support a claim for litigation expenses under OCGA § 13-6-11 must relate to the acts in the transaction itself prior to the litigation, not to the conduct during or motive with which a party proceeds in the litigation.”

Section 13-6-11 permits litigation expenses when a refusal to pay a contract debt is motivated by bad faith or an attempt to defeat the contract’s clear intent.

American Computer Technology, Inc. v. Hardwick · filed 2005-06-28

Under these facts, the jury was presented with sufficient evidence to conclude that Barber’s refusal to pay was not “prompted by an honest mistake . .. but by some interested or sinister motive” or “attempt to defeat the clear intent of the contract.”

Section 13-6-11 leaves an attorney-fee award based on bad faith to the factfinder; a breach of fiduciary duty alone does not require an award.

Wachovia Bank of Georgia, N.A. v. Namik · filed 2005-08-25

The issue of whether attorney fees should be awarded based upon the other party’s bad faith is a question for the factfinder to be determined from consideration of the facts and circumstances in the case.

A bona fide controversy does not bar an award of litigation expenses under § 13-6-11 when the defendant acted in bad faith.

Litsky v. G.I. Apparel, Inc. · filed 2005-10-12

While it is true Georgia courts have interpreted § 13-6-11 not to apply where bad faith is not at issue and the fee award is based solely on stubborn litigiousness or the causing of unnecessary trouble and expense, this limitation does not apply here because the district court expressly made a finding of bad faith, which, alone, supports the award.

Section 13-6-11 requires evidence of more than a mere breach of contract to award attorney fees for bad faith.

Steel Magnolias Realty, LLC v. Bleakley · filed 2005-10-31

“A recovery of OCGA § 13-6-11 attorney’s fees in a contract action must be based upon evidence which shows more than a mere breach of contract.”

Section 13-6-11 permits attorney fees when a party acts in bad faith, and a fee award stands if any evidence supports that finding.

Bourke v. Webb · filed 2006-02-27

Attorney fees are recoverable under OCGA § 13-6-11 when a party has acted in bad faith, has been stubbornly litigious, or has subjected the other party to unnecessary trouble and expense. ... Since evidence supported the trial court’s finding that Bourke acted in bad faith, we will not disturb the trial court’s awards of attorney fees.

Section 13-6-11 permits attorney fees for bad faith, but mere negligence does not support an award.

Hartsock v. Rich's Employees Credit Union · filed 2006-06-12

At most, the evidence may show carelessness or negligence in accepting the altered check. But mere negligence will not support an award of attorney fees based on bad faith, ... or an award of punitive damages.

Section 13-6-11 permits recovery of litigation expenses, including attorney fees, for an intentional tort involving bad faith, with bad faith determined by the jury.

Insight Technology, Inc. v. FREIGHTCHECK, LLC · filed 2006-06-20

Because the intentional torts of procuring a breach of fiduciary duty and misappropriation of trade secrets remain for the jury’s consideration, see Divisions 1 and 3, “the claim for attorney fees rooted in bad faith concerning those actions should have also been left for the jury. It was premature, and thus error, to grant summary judgment on this issue altogether.” Id. Accordingly, the trial court’s order in this regard is reversed.

Section 13-6-11 permits a jury to award attorney fees for bad faith when the pretrial order includes that ground for recovery.

Gerschick v. Pounds · filed 2006-07-27

Thus, the pretrial order did not, as the Gerschicks contend, exclude bad faith as an avenue of recovery, and the trial court did not err in charging the jury that it could award attorney fees if the defendants had acted in bad faith, had been stubbornly litigious, or had caused the plaintiff unnecessary trouble and expense.

An award for tortious interference can support litigation expenses under § 13-6-11 because the intentional tort indicates bad faith.

Fertility Technology Resources, Inc. v. Lifetek Medical, Inc. · filed 2006-10-31

Because tortious interference is an intentional tort, which indicates bad faith, the award on that claim authorized an award under OCGA§ 13-6-11.

Section 13-6-11 permits recovery of attorney fees when a party acts in bad faith.

Davis v. Whitford Properties, Inc. · filed 2006-10-31

OCGA § 13-6-11 allows recovery of attorney fees if a party has acted in bad faith.

Section 13-6-11 permits attorney fees for a pleaded claim when evidence of repeated, knowing trespass supports a finding of bad faith.

Paine v. Nations · filed 2006-12-13

Here, Nations did plead his attorney fees claim and there was evidence that the Paines participated in the repeated and knowing obstruction of Nations’s easement and intrusion onto Nations’s property. This is some evidence to support a finding of bad faith necessary to recover attorney fees.

Section 13-6-11 permits attorney fees when evidence of a fiduciary duty breach supports a finding of bad faith.

Flexible Products Co. v. Ervast · filed 2007-03-13

That there was some evidence of a breach of fiduciary duty, as described in subsection (1) above, some evidence of bad faith arose warranting OCGA§ 13-6-11 attorney fees.

Section 13-6-11 does not allow recovery of litigation expenses for an insurer’s bad faith denial of benefits because § 33-4-6 provides the exclusive remedy.

Atlantic Title Insurance v. Aegis Funding Corp. · filed 2007-08-31

Although Atlantic correctly argues that “OCGA § 33-4-6 is the exclusive remedy for bad faith denial of [insurance] benefits so that litigation expenses under OCGA § 13-6-11 are not recoverable[,]” ... the trial court did not commit any reversible error as it ordered a jury trial on issues relating only to attorney fees and not other litigation expenses.

Section 13-6-11 permits litigation expenses and attorney fees for a proven intentional tort based on bad faith, even when a bona fide controversy exists.

Todd v. Byrd · filed 2006-12-01

While Byrd would not be entitled to attorney fees due to the presence of a bona fide controversy in this case, her causes of action include intentional torts. Therefore, if proven, these torts would authorize damages under OCGA § 13-6-11 because “[e]very intentional tort invokes a species of bad faith that entitles a person wronged to recover the expenses of litigation including attorney fees.” DeKalb County v. McFarland, 231 Ga. 649, 651 (1) (b) (203 SE2d495) (1974).

When liability is genuinely disputed, § 13-6-11 allows litigation expenses only if the defendant acted in bad faith in the underlying transaction.

Metropolitan Atlanta Rapid Transit Authority v. Mitchell · filed 2007-12-14

In light of a bona fide controversy, recovery of litigation expenses under OCGA § 13-6-11 required evidence of bad faith conduct by MARTA or Schindler.

Section 13-6-11 permits an award of litigation expenses for bad faith when an attorney’s persistent inadequate representation and misleading conduct go beyond mere negligence.

Brito v. GOMEZ LAW GROUP, LLC · filed 2008-02-14

The evidence thus could support a jury finding that Gomez’s persistent failure to adequately represent the Britos went beyond mere negligence and rose to the level of bad faith in dealing with the clients. ... Accordingly, the trial court erred in holding that there was no evidence to support an award of attorney fees based on bad faith and we reverse the court’s grant of summary judgment to Gomez on that claim.

Section 13-6-11 permits litigation expenses when a plaintiff proves any one of its three grounds, including bad faith in the underlying transaction.

Trickett v. Advanced Neuromodulation Systems, Inc. · filed 2008-02-21

Georgia law provides for the expenses of litigation to be awarded by the jury “where the plaintiff has specially pleaded and has made prayer therefor and where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.” Ga.Code Ann. § 13-6-11. It is not necessary that Plaintiff prove all three statutory grounds to justify the award of attorney fees. ... As to the breach of contract claim, when viewed in the light most favorable to Plaintiff, there is evidence that suggests Defendant acted in bad faith, which precludes granting summary judgment for Defendant.

Section 13-6-11 permits attorney fees for bad faith in making or performing a contract, even when the parties have a genuine dispute.

Energy & Process Corp. v. Jim Dally & Associates, Inc. · filed 2008-06-04

The court also erred in granting Standard’s motion for directed verdict on Energy’s claim for an award of attorney fees under OCGA § 13-6-11. ... Thus, “[i]f there is bad faith in the making or performance under the contract, attorney fees are authorized regardless of whether a bona fide controversy otherwise existed between the parties.”

Section 13-6-11 permits an attorney-fee award for bad faith when some evidence supports that finding.

City of Atlanta v. Hofrichter/Stiakakis · filed 2008-06-13

As there is some evidence to support a finding of bad faith under OCGA § 13-6-11, the trial court’s ruling must be affirmed.

Section 13-6-11 permits attorney fees for bad faith, and a jury’s award is upheld if any evidence supports it.

Bunch v. Byington · filed 2008-07-07

OCGA § 13-6-11 allows recovery of attorney fees “where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.” ... The question is for the jury, and an award will be affirmed if there is any evidence to support it.

Section 13-6-11 permits attorney fees for bad faith during the underlying transaction, rather than conduct in defending the lawsuit.

Chong v. REEBAA CONST. CO., INC. · filed 2008-07-16

The bad faith authorizing recovery under OCGA § 13-6-11 relates to the defendant’s conduct during the subject transaction prior to litigation, not to conduct in defending the litigation.

An intentional trespass can establish the bad faith needed to award litigation expenses and attorney fees under § 13-6-11.

Mize v. McGarity · filed 2008-09-26

Here, there was evidence to support the trial court’s conclusion that the Mizes’ “blocking of the driveways by the planting of trees, preventing the [petitioners] from obtaining access across the east-west [roadway on Lot 5] constitutes a willful trespass.” “This is some evidence to support a finding of bad faith necessary to recover attorney fees.”

Section 13-6-11 permits an attorney fee award when evidence supports a finding that the defendant acted in bad faith in the underlying transaction.

Roofers Edge, Inc. v. Standard Building Co. · filed 2008-11-17

Here, there was some evidence from which the jury could conclude that Standard Building had acted in bad faith, as it failed to pay Roofers Edge without explanation, then denied the existence of a contract and that Roofers Edge had completed the work, although it admitted at trial that Roofers Edge was entitled to payment, less a setoff in an amount it was unable to document.

Section 13-6-11 permits attorney fees when evidence supports a finding that a defendant acted in bad faith by refusing to pay amounts owed under a contract.

Insurance Industry Consultants, LLC v. Alford · filed 2008-11-20

Here, there was evidence from which the jury could conclude that IIC was stubbornly litigious in refusing to pay Alford the monies to which he was legally entitled under the contract. ... This is some evidence to support a finding of bad faith sufficient to recover attorney fees.

Section 13-6-11 permits a bad faith claim when a defendant acts in bad faith outside a surety or insurance relationship.

In Re Commercial Money Center, Inc. · filed 2009-03-11

A second statute, O.C.G.A. § 13-6-11, permits a bad faith claim where a defendant has acted in bad faith outside the context of a surety or insurance relationship.

Section 13-6-11 does not authorize attorney’s fees for an insurer’s bad faith refusal to pay a claim because Section 33-4-6 provides the exclusive remedy.

Johnston v. Companion Property & Casualty Insurance · filed 2009-03-12

Johnston is precluded under Georgia law from availing himself of O.C.G.A. § 13-6-11 because “[t]he penalties contained in OCGA § 33-4-6 are the exclusive remedies for an insurer’s bad faith refusal to pay insurance proceeds.” Id. The district court therefore did not err in vacating the jury’s attorney’s fees award.

Section 13-6-11 permits an attorney-fee award supported by evidence of bad faith without deciding whether a bona fide controversy existed.

Asgharneya v. Hadavi · filed 2009-07-02

We need not address whether a bona fide controversy existed between the parties because the record contained sufficient evidence of bad faith to support the trial court’s award.

Section 13-6-11 permits attorney fees and litigation expenses for bad faith in the transaction that gave rise to the lawsuit.

Capital Health Management Group Inc. v. Hartley · filed 2009-12-30

Bad faith for purposes of the statute means bad faith during the transaction out of which the lawsuit arose.

Section 13-6-11 permits recovery of attorneys’ fees for bad faith, and a genuine factual dispute about bad faith can prevent summary judgment on that claim.

Southern States Cooperative, Inc. v. Melick Aquafeeds, Inc. · filed 2010-03-22

Southern States seeks attorneys’ fees pursuant to Ga.Code Ann. § 51-12-7, which provides that necessary expenses caused by an injury may be recovered in a party’s damages estimate, and Ga.Code Ann. § 13-6-11, which provides that attorneys’ fees may be recovered “where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.” The Court denies the Defendants’ motion for summary judgment as to the attorneys’ fees claim. ... This evidence creates a genuine issue of material fact of whether the Defendants acted in bad faith.

Section 13-6-11 permits a jury to award attorney’s fees when evidence supports bad faith in the conduct giving rise to the claim.

Lewis v. D. Hays Trucking, Inc. · filed 2010-03-22

The court finds a jury could conclude, based in particular on the evidence that Dr. Holbrook told Hays that he would not certify him, that Plaintiff would be entitled to attorney’s fees under O.C.G.A. § 13-6-11.

Section 13-6-11 permits litigation expenses when evidence allows a jury to find bad faith in an employer’s decision to hire or retain a driver.

Royalston v. Middlebrooks · filed 2010-05-05

Although GSC argues that the owners of the business did not know and were not required to know that Royalston acquired six speeding tickets while in their employ, there was evidence from which the jury could infer otherwise and find bad faith arising out of GSC’s decision to hire and/or retain Royalston. ... In light of this evidence, we cannot find that the trial court erred when it denied GSC’s motions on the issue of bad faith damages.

Section 13-6-11 does not authorize litigation expenses for an insurer’s bad faith refusal to pay insurance proceeds because the remedies in OCGA § 33-4-6 are exclusive.

Balboa Life & Casualty, LLC v. Home Builders Finance, Inc. · filed 2010-06-18

The mortgagee’s claim for expenses of litigation, including attorney fees, under OCGA § 13-6-11 was not authorized because “[t]he penalties contained in OCGA § 33-4-6 are the exclusive remedies for an insurer’s bad faith refusal to pay insurance proceeds.”

Section 13-6-11 permits an attorney fee award for bad faith when a party refuses reimbursement and tries to force the other party to surrender its rights.

City of Hoschton v. Horizon Communities · filed 2010-07-12

Here, evidence of the city’s refusal to reimburse Horizon and its efforts to force Horizon to surrender its rights under the ordinance was sufficient to support ... the trial court’s finding that the city acted in bad faith. We find no error in the court’s award under OCGA § 13-6-11.

Section 13-6-11 permits attorney fees and litigation expenses when a defendant’s intentional trespass establishes bad faith.

LN West Paces Ferry Associates, LLC v. McDonald · filed 2010-10-28

As set forth in Division 1 (a), the evidence supported the jury’s finding that Najjar’s trespass onto McDonald’s property was both knowing and wilful. It follows that the award of attorney fees and expenses of litigation was authorized based upon Najjar’s bad faith.

Questions of bad faith under § 13-6-11 are generally for the jury to decide.

Mariner Health Care Management Co. v. Sovereign Healthcare, LLC · filed 2010-10-28

Likewise, the trial court did not err in denying summary judgment to Mariner on Sovereign’s claim for attorney fees for bad faith under OCGA § 13-6-11. Questions concerning bad faith under OCGA § 13-6-11 are generally for the jury to decide.

Section 13-6-11 allows a plaintiff to recover litigation expenses when the defendant acted in bad faith; evidence of bad faith can support a jury award.

HEWITT ASSOCIATES, LLC v. Rollins, Inc. · filed 2011-03-28

Under OCGA § 13-6-11, litigation expenses are recoverable as contract damages where the plaintiff pleads them and “where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.” ... As discussed in Division 1, there was evidence that Hewitt acted in bad faith. It follows that the trial court did not err by denying Hewitt’s motions for judgment as a matter of law on Rollins’s claim for litigation expenses.

Section 13-6-11 permits attorney fees as damages when the defendant acted in bad faith in the conduct giving rise to the claim.

Bailey v. Hako-Med USA, Inc. (In Re Bailey) · filed 2011-04-07

In the November Order I found that Defendants acted in bad faith in the underlying action from which the tortious interference claim arose, and that Plaintiffs attorneys’ fees should be allowed pursuant to O.C.G.A. § 13-6-11. Accordingly, I ruled that attorneys’ fees would be included in the damages awarded in that Order.

Section 13-6-11 permits attorney’s fees against a defendant who acted in bad faith in the underlying transaction, even without a written contract with the plaintiff.

Circle Y Construction, Inc., vs WRH Realty Services, Inc., WRH Hidden Colony LLLP · filed 2011-05-24

WRH Realty, although not a party to the written contract, is also liable for attorney’s fees based on the district court’s finding that it acted in bad faith. See O.C.G.A. § 13-6-11.

Section 13-6-11 permits attorney fees for bad faith, stubborn litigiousness, or unnecessary trouble and expense; mere negligence does not establish bad faith.

Duncan v. Klein · filed 2011-11-29

“Attorney fees are recoverable under OCGA § 13-6-11 when a party has acted in bad faith, has been stubbornly litigious, or has subjected the other party to unnecessary trouble and expense.” ... While these pleadings and affidavits may well show negligence, “mere negligence will not support an award of attorney fees based on bad faith.” ... We find no error in the award of summary judgment on attorney fees.

Section 13-6-11 allows a jury to consider litigation expenses when evidence shows that a defendant knowingly continued a nuisance despite the plaintiff’s complaints.

Weller v. Blake · filed 2012-03-27

In the instant case, as stated in Division 3 (a), supra, there was evidence to suggest that although the Blakes took steps to limit the quantity of smoke emanating from their fireplace, they knew that the smoke was still infiltrating the Wellers’ home and, nevertheless, proceeded to burn wood in their outdoor fireplace. At this stage of the proceeding, “[w]e find this evidence ... sufficient to submit the issue of attorney fees to the jury.”

Section 13-6-11 allows a jury to decide attorney fees when evidence supports a finding of bad faith in the underlying transaction.

Haarhoff v. Jefferson at Perimeter, L.P. · filed 2012-03-29

Haarhoff argues that the trial court erred by granting partial summary judgment to Jefferson as to his claim for attorney fees pursuant to OCGA § 13-6-11 because a question of fact exists for the jury. We agree and reverse.

Section 13-6-11 allows a jury to consider litigation expenses when evidence supports bad faith, including a failure to remedy a continuing trespass or nuisance.

Marina Lane, LLC v. Camp Cherokee, Inc. · filed 2012-06-25

The failure to ameliorate a continuing trespass and nuisance may amount to intentional acts authorizing the jury to consider an award of attorney fees.

Section 13-6-11 requires an attorney-fee claim to go to the jury when some evidence supports bad faith in the transaction underlying the lawsuit.

Camp Cherokee, Inc. v. Marina Lane, LLC · filed 2012-06-25

Where there is some evidence from which a jury could determine that the defendant acted in bad faith during the transaction out of which the lawsuit arose, the claim for attorney fees should be submitted to the jury for resolution.

Section 13-6-11 permits attorney fees for a defendant’s bad faith; evidence of bad faith can create a jury question that prevents summary judgment.

Lloyd's Syndicate No. 5820 v. Agco Corp. · filed 2012-11-30

There was evidence that Warranty Specialists acted in bad faith (for instance, its failure to communicate the existence of the EFC to AGCO and its failure to process pending claims). Thus, Warranty Specialists was not entitled to summary judgment on the claim for attorney fees.

Section 13-6-11 permits bad faith attorney fees only for conduct arising from the underlying transaction, not conduct during litigation.

Fletcher v. C. W. Matthews Contracting Co., Inc. · filed 2013-07-09

Conduct authorizing a fee award under OCGA § 13-6-11 must arise “from the transaction underlying the cause of action being litigated, not conduct during the course of the litigation itself.”

Bad faith supporting attorney fees under § 13-6-11 must arise from the underlying transaction; conduct during litigation cannot establish it.

Fletcher v. C. W. Matthews Contracting Co. · filed 2013-07-09

But C. W. Matthews cannot rely on Fletcher’s conduct in the litigation to show bad faith for purposes of OCGA § 13-6-11. ... It follows that the trial court erred by failing to grant Fletcher’s motion for j.n.o.v. on C. W. Matthews’s claim for attorney fees.

Section 13-6-11 permits recovery of litigation expenses for bad faith, stubborn litigiousness, or unnecessary trouble and expense; a claim based on bad faith requires evidence of it.

Sentinel Insurance v. Action Stop, LLC · filed 2013-07-23

Under O.C.G.A. § 13-6-11, a plaintiff may recover the expenses of litigation if “the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense!.]” ... Moreover, Action Stop did not produce any evidence to indicate that BB & T acted in bad faith.

Section 13-6-11 does not support an attorney fee claim based on alleged fraud when the fraud claim fails and no other bad faith in the underlying transaction is alleged.

Johnson v. Johnson · filed 2013-08-28

Similarly, because Mr. Johnson has not alleged any bad faith in the underlying transaction, apart from Dr. Johnson’s alleged fraud, his claim for attorney fees pursuant to OCGA § 13-6-11 fails for the reasons explained above.

Section 13-6-11 permits attorney’s fees when the defendant acted in bad faith in the underlying transaction, and evidence of that bad faith can preclude summary judgment.

Kin Chun Chung v. JP Morgan Chase Bank, N.A. · filed 2013-09-24

Here, the Court cannot conclude that there is “absolutely no evidence” to support the claim that Chase acted with the bad faith necessary for the Plaintiff to recover attorney’s fees. Summary judgment as to the Plaintiffs claim for attorney’s fees should be denied.

When a bona fide controversy exists, § 13-6-11 permits attorney fees only if the party sought to be charged acted in bad faith in the underlying transaction.

Dj Mortgage, LLC v. Synovus Bank D/B/A Bank of North Georgia · filed 2013-11-22

Where, as here, “a bona fide controversy exists, attorney’s fees may be awarded under OCGA § 13-6-11 only where the party sought to be charged has acted in bad faith in the underlying transaction.”

Section 13-6-11 permits an award of litigation expenses when the defendant acted in bad faith in the underlying transaction, including in carrying out a contract.

Kelley v. Melissa Dawn Cooper · filed 2013-11-22

Some evidence was presented to show that Kelley acted in bad faith in connection with the promise to marry given that he was involved in another relationship at the time.

Section 13-6-11 permits an award of attorney fees when the defendant acted in bad faith in the underlying transaction.

Kelley v. Cooper · filed 2013-11-22

5. Finally, Kelley contends the trial court erred by awarding attorney fees under OCGA § 13-6-11. But that Code section authorizes an award where the defendant acted in bad faith in the underlying transaction — here, in connection with the promise to marry.

Section 13-6-11 does not allow attorney fees against a defendant for a third party’s bad faith unless the defendant ordered, approved, or ratified it.

Callaway v. Larry Garner, Sr. · filed 2014-03-25

As established by the trial court’s factual findings, it was the other members of the Callaway family, not Mr. Callaway, who acted in bad faith in the stock purchase transaction. Consequently, the trial court erred in requiring the Callaway Estate to pay the Garners’ attorney fees under OCGA § 13-6-11, and its ruling in this regard must be reversed.

Bad faith by a third party cannot support attorney fees under § 13-6-11 unless the defendant ordered, approved, or ratified it.

Callaway v. Garner · filed 2014-03-25

Furthermore, bad faith of a third party that was not ordered by, approved of, or otherwise ratified by the defendant cannot be imputed to him or her for purposes of awarding attorney fees under OCGA § 13-6-11.

Section 13-6-11 permits attorney fees when evidence supports a finding that a defendant breached a contract in bad faith, even if liability was genuinely disputed.

Atlanta Emergency Services, LLC v. Clark · filed 2014-07-08

Accordingly, the trial court did not err in denying AES’s motions for directed verdict and j.n.o.v. as to Dr. Clark’s claim for attorney fees under OCGA § 13-6-11 and allowing the issue to go to the jury.

Section 13-6-11 does not allow litigation expenses for an insurer’s alleged bad faith payment when the evidence shows no bad faith.

Metlife Life & Annuity Co. v. Akpele · filed 2015-09-11

The Akpele Defendants seek damages for bad faith failure to pay benefits under the insurance policy under O.C.G.A. § 13-6-11 or O.C.G.A. § 33-4-6 as well as punitive damages. ... MetLife’s motion for summary judgment on the counterclaim for bad faith should therefore be granted.

Section 13-6-11 permits, but does not require, an attorney fee award for bad faith; the fact finder has discretion to deny fees.

Georgia Operators Self-Insurers Fund v. PMA Management Corpor. · filed 2015-11-10

Georgia’s statute, O.C.G.A. §13-6-11, permits, but does not mandate, an award of attorneys’ fees where a defendant has acted in bad faith, in effect leaving the award of fees to the discretion of the fact finder. Even assuming some bad faith with respect to the August 2011 audit, we cannot conclude that the magistrate judge abused his discretion in finding that PMA’s conduct in that discrete instance did not taint PMA’s overall performance with bad faith such as to warrant any award of attorneys’ fees.

Whether a defendant acted in bad faith for an award of litigation expenses under § 13-6-11 is normally a jury question.

Metro Atlanta Task Force for the Homeless, Inc. v. Ichthus Community Trust · filed 2015-11-23

As indicated by the plain language of the statute, the determination of whether there has been bad faith in support of an award pursuant to OCGA § 13-6-11 is normally an issue for a jury.

Section 13-6-11 permits attorney fees for bad faith even when liability is genuinely disputed.

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY v. MORRIS Et Al. · filed 2015-11-23

Contrary to MARTA’s argument, the existence of a bona fide controversy negates the possibility of a statutory award of attorney fees only “[w]here bad faith is not at issue.” ... Based on this evidence, the jury could have concluded that the driver, and thus, MARTA, acted in bad faith in dealing with the plaintiffs, and the jury was entitled to award attorney fees to the plaintiffs on that basis.

Section 13-6-11 permits attorney fees for bad faith arising from an intentional tort when the evidence supports such a finding.

Bo Phillips Company, Inc. v. R.L. King Properties, LLC · filed 2016-03-23

The same evidence which, if viewed in a light most favorable to BPC and Benn, would authorize an award of punitive damages would also authorize an award of attorney fees. ... Therefore, the trial court also erred in granting summary judgment to the appellees on BPC’s and Benn’s claim for attorney fees.

Section 13-6-11 permits a claim for litigation expenses based on bad faith in the underlying transaction to go to the jury when evidence could support an award.

West Asset Management, Inc. v. Nw Parkway, LLC · filed 2016-03-30

This is not such a rare case where there is absolutely no evidence to support the award of expenses of litigation. For example, however willing West might have become later in the litigation to pay the amount for the roof replacement into the registry of the court, a jury could find that West acted in bad faith when it asserted that it was NW Parkway’s sole responsibility to replace the roof while at the same time denying NW Parkway access to the property to do so until NW Parkway obtained a TRO. The trial court did not err in denying West’s motion for partial summary judgment as to NW Parkway’s Count 3.

Section 13-6-11 permits litigation expenses for bad faith, and a claim for fees based on an alleged intentional breach of fiduciary duty may go to the jury with that tort claim.

SCHINAZI Et Al. v. EDEN; And Vice Versa · filed 2016-10-07

Accordingly, “[b]ecause the intentional tort[] of . . . breach of fiduciary duty . . . remain[s] for the jury’s consideration, the ... claim for attorney fees rooted in bad faith concerning those actions should have also been left for the jury.”

Section 13-6-11 permits litigation expenses when evidence supports a finding of bad faith in carrying out a contract; declining to pursue a different contractual option alone does not establish bad faith.

Wilson v. Clark Atlanta University, Inc. · filed 2016-11-17

While we agree with the university that a failure to pursue financial exigency or a desire to avoid declaration of a financial exigency cannot support the professors’ bad faith claim, the facts outlined above provide some evidence from which a jury could conclude that the university declared an enrollment emergency in bad faith.

A claim for bad faith attorney fees under § 13-6-11 cannot rest on mere negligence when the fraud claim offered to support it fails.

Dolan v. Air Mechanix, LLC · filed 2017-06-28

The Dolans sought bad faith attorney fees under OCGA § 13-6-11. They argue that the trial court erred in directing a verdict on that claim because the same facts supporting their fraud claim would support a finding of bad faith. However, as found above, “the trial court properly granted [Air Mechanix’s] motion for directed verdict on [the Dolans’] fraud . . . claim[]. Accordingly, we find no error in the trial court’s decision to grant [Air Mechanix] a directed verdict on [the] claim[] for attorney fees[.]” Conner v. Hart, 252 Ga. App. 92, 97 (3) (555 SE2d 783) (2001). See also MARTA v. Mitchell, 289 Ga. App. 1, 4 (659 SE2d 605) (2007) (mere negligence will not support an award of attorney fees based on bad faith).

A claim for litigation expenses based on bad faith should go to the jury when the alleged intentional tort remains for the jury to decide.

McDonald v. Silver Hill Homes, LLC. · filed 2017-10-18

A jury may award litigation expenses to a plaintiff “where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.” OCGA § 13-6-11. ... Accordingly, “[i]nasmuch as the [trial court] determined that the question of [Silver Hill’s] commission of an intentional tort remained for the jury to consider, the claim for attorney fees rooted in bad faith concerning those actions should have also been left for the jury.”

Section 13-6-11 permits attorney fees when the defendant has acted in bad faith.

Hughes v. First Acceptance Insurance Company of Georgia, Inc. · filed 2017-11-02

Under OCGA § 13-6-11, attorney fees are available where the defendant has acted in bad faith.

Section 13-6-11 does not authorize attorney fees for an insurer’s bad faith refusal to pay insurance proceeds because Section 33-4-6 provides the exclusive remedy.

Hale Haven Properties, LLC v. Bank of America, N.A. · filed 2018-06-01

“[Hale Haven’s] claim for . . . attorney fees[] under OCGA § 13-6-11 was not authorized because the penalties contained in OCGA § 33-4-6 are the exclusive remedies for an insurer’s bad faith refusal to pay insurance proceeds.”

Section 13-6-11 permits litigation expenses for bad faith in the underlying transaction, and a factual dispute about that conduct may require a jury to decide the claim.

Meunier Carlin & Curfman, LLC v. Scidera, Inc. · filed 2018-06-22

The "bad faith" permitting an award of attorney fees under O.C.G.A. § 13-6-11 must "relate[ ] to the defendant's conduct during the subject transaction prior to litigation, not to conduct in defending the litigation." ... Because it is undisputed that Meunier performed a significant amount of work in the litigation matters for which Scidera has refused to pay, the Court finds a genuine issue of material fact as to whether Scidera acted in bad faith.

Section 13-6-11 permits a jury to consider attorney fees when an attorney’s persistent failure to represent a client adequately could amount to bad faith.

Stewart v. McDonald · filed 2018-06-28

Stewart contends that the trial court erred in granting McDonald’s motion for a directed verdict on his claim for attorney fees pursuant to OCGA § 13-6-11. We agree. “The evidence . . . could support a jury finding that [McDonald’s] persistent failure to adequately represent [Stewart] went beyond mere negligence and rose to the level of bad faith in dealing with [him].” ... The trial court erred by removing this issue from the jury.

Section 13-6-11 permits attorney fees for bad faith in the transaction underlying the lawsuit, with disputed questions of bad faith generally left to the jury.

JORDAN v. MARRIOTT INTERNATIONAL, INC. Marriott International, Inc. v. Jordan. · filed 2018-06-28

which requires proof of bad faith in the transaction out of which the lawsuit arose. ... Thus there was some evidence of bad faith in Marriott's dealings with Jordan, and the trial court correctly denied summary judgment on this count.

Section 13-6-11 allows attorney fees for bad faith in the transaction underlying the lawsuit; whether the defendant acted in bad faith is generally for the jury.

JORDAN v. MARRIOTT INTERNATIONAL, INC A/K/A J.W. MARRIOTT ATLANTA BUCKHEAD · filed 2018-07-12

In her complaint, Jordan sought attorney fees under OCGA § 13-6-11 for bad faith,14 which requires proof of bad faith in the transaction out of which the lawsuit arose. ... Thus there was some evidence of bad faith in Marriott’s dealings with Jordan, and the trial court correctly denied summary judgment on this count.

Section 13-6-11 permits litigation expenses for bad faith when the defendant knew of serious cybersecurity deficiencies and threats but failed to act.

In re Equifax, Inc. · filed 2019-01-28

The Court concludes that the Plaintiffs have alleged facts supporting bad faith. In the Complaint, the Plaintiffs have alleged that the Defendants knew of severe deficiencies in their cybersecurity, and of serious threats, but nonetheless declined to act. Based upon Georgia caselaw, the Court concludes that these allegations are sufficient for a claim of bad faith under section 13-6-11.

Section 13-6-11 permits a claim for litigation expenses based on bad faith in the underlying transaction when there is enough evidence to present a jury issue, even if that evidence is slight.

Dunn v. Columbia National Insurance Company · filed 2019-09-30

“For purposes of O.C.G.A. § 13–6–11, ‘bad faith’ means bad faith in the underlying transaction, and a plaintiff will survive a defendant’s motion for summary judgment on this issue by presenting any evidence which establishes a jury issue on bad faith; even slight evidence is sufficient to meet a plaintiff's burden.” ... The Court finds that Patterson has met that burden and Columbia’s Motion for Summary Judgment [85] is DENIED.

Section 13-6-11 permits recovery of attorney fees for fraud because an intentional tort can establish the required bad faith.

SIAVAGE v. GANDY Et Al. · filed 2019-06-18

“Every intentional tort, such as fraud, invokes the species of bad faith that under the provisions of . . . OCGA § 13-6-11 entitles the ... person wronged to recover the expense of litigation involving attorney’s fees.”... In light of our holding in Division 2, “substantive claims remain pursuant to which attorney fees . . . may be available.”

Section 13-6-11 permits a plaintiff to recover attorney’s fees as additional damages when an intentional tort constitutes bad faith.

Bradsher v. Watson · filed 2019-10-18

Because Defendant committed intentional torts that caused damage to Plaintiffs, Plaintiffs are entitled to recover attorney’s fees incurred in connection with that recovery because, under Georgia law, they constitute additional, special damages for the injury inflicted by Defendant.

Section 13-6-11 permits attorney fees for bad faith, stubborn litigiousness, or causing unnecessary trouble and expense; a claimant must offer evidence supporting the fee claim.

McElroy v. Courtney Ajinca Events LLC · filed 2021-01-12

In Georgia, attorneys’ fees may be awarded “where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.” O.C.G.A. § 13-6-11. ... Defendants have failed to come forward with any evidence that Plaintiffs acted in bad faith in seeking to enforce their copyright interests in the engagement shoot photographs. Defendants, therefore, have failed to create a fact issue with respect to their claim of attorneys’ fees. Plaintiffs’ motion for summary judgment as to Defendants’ claim for attorneys’ fees is granted.

Section 13-6-11 does not allow recovery of litigation expenses for an insurer’s bad faith refusal to pay insurance proceeds because section 33-4-6 provides the exclusive remedy.

Covington Lodging, Inc. v. Western World Insurance Group, Inc. · filed 2021-01-15

Covington is precluded under Georgia law from availing itself of O.C.G.A. § 13–6–11 because the penalties contained in O.C.G.A. § 33–4–6 are the exclusive remedies for an insurer’s bad faith refusal to pay insurance proceeds.

Section 13-6-11 permits a plaintiff who specifically pleads for fees to recover reasonable litigation expenses when the defendant acts in bad faith, is stubbornly litigious, or causes unnecessary trouble and expense.

ZEDAN v. BAILEY · filed 2021-02-18

Though Defendant testified that the articles were true, he has already been deemed to admit the well-pled allegations in the Complaint of libel and Defendant’s bad faith in publishing the defamatory articles is sufficient to warrant attorney’s fees.

Section 13-6-11 permits attorney’s fees for bad faith when evidence could allow a jury to find that the defendant consciously did wrong in the dealings underlying the claim.

Correll v. Vika Logistics, LLC · filed 2021-07-12

If a jury could find that USX’s knowledge of Carter’s driving history creates a presumption of “conscious indifference to consequences,” then a jury could also find that USX engaged in a “conscious doing of wrong” by retaining Carter while it had that knowledge.

Section 13-6-11 permits reasonable attorneys’ fees when the plaintiff specially pleads for litigation expenses and the defendant acted in bad faith or caused unnecessary trouble and expense.

White Cap, L.P. v. Mowers · filed 2021-08-11

Moreover, Georgia’s bad-faith litigation statute, O.C.G.A. § 13-6-11, provides that “where the plaintiff has specially pleaded and has made prayer [for expenses of litigation] and where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense, the jury may allow them.” ... Given that Defendants have engaged in an all-out campaign to smear White Cap and its products by repeatedly making knowingly false statements, White Cap is entitled to its reasonable attorneys’ fees.

Section 13-6-11 permits attorney’s fees when a jury could find that the defendant acted in bad faith in the dealings giving rise to the claim.

CASTLEBERRY v. THOMAS · filed 2021-10-12

Based on the evidence outlined in the punitive damages section above, a reasonable jury could find that Thomas acted with bad faith and that the plaintiffs are entitled to attorney’s fees.

Section 13-6-11 permits a claim for attorney’s fees based on bad faith in the underlying transaction even if a bona fide controversy exists.

FT Global Capital, Inc. v. Future Fintech Group, Inc. · filed 2021-11-10

However, bona fide controversy or not, Plaintiff has presented sufficient evidence of Defendant’s bad faith in the underlying transaction to survive a motion to dismiss its claim for attorney’s fees.

Section 13-6-11 permits litigation expenses when any evidence supports a jury’s finding that the defendant acted in bad faith in the underlying transaction.

Holland v. Cypress Insurance Company · filed 2022-05-12

Given the foregoing facts, Holland has more than satisfied the “any evidence” standard for us to uphold the jury’s finding of bad faith.

A claim for litigation expenses under § 13-6-11 fails when the plaintiff cannot establish the underlying negligence claim and offers no separate evidence of bad faith.

CHILDREN'S WORLD LEARNING CENTER v. CARTER · filed 2022-10-18

Carter also contended that the Center acted in bad faith and was stubbornly litigious, entitling her to attorney fees under OCGA § 13-6-11, which provides that “where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense, the jury may allow [litigation expenses.]” Here, there is no evidence that the Center acted in bad faith in any manner, and Carter does not specifically point to any evidence in support of her claim other than the same evidence she cites to support her negligence claims. Because Carter did not establish a prima facie case of negligence, it follows that her derivative claims based on bad faith also fail.

Section 13-6-11 permits litigation expenses for bad faith arising from the transaction underlying the claim; whether the defendant acted in bad faith is for the jury.

City of Lawrenceville v. Alford · filed 2022-11-22

Alford sought an award of litigation expenses pursuant to OCGA § 13-6-11, which authorizes recovery of such expenses “where the defendant has acted in bad faith[.]” It is true that “[b]ad faith warranting an award of attorney fees must have arisen out of the transaction on which the cause of action is predicated” — in this case, the alleged nuisance caused by the 2017 project. ... Accordingly, because the record contains some evidence from which the jury could find that the City acted in bad faith with respect to the 2017 project, the trial court properly denied the City’s motion for a directed verdict.

Section 13-6-11 allows litigation expenses when a defendant acts in bad faith, is stubbornly litigious, or causes unnecessary trouble and expense; disputed evidence of intentional disregard of continuing harm leaves the award for a jury to decide.

H AND L FARMS LLC v. SILICON RANCH CORPORATION · filed 2023-01-17

Accordingly, a jury should decide whether IEA Constructors is liable for litigation expenses and punitive damages, including whether IEA Constructors acted with specific intent to harm Plaintiffs.

Bad faith under § 13-6-11 is generally a jury question, and a claim for litigation expenses may survive summary judgment when a jury could find bad faith.

NORFOLK SOUTHERN RAILWAY COMPANY v. LANGDALE FOREST PRODUCTS COMPANY · filed 2023-01-20

Under these facts, it is possible that a jury could find that Langdale acted in bad faith.

Section 13-6-11 permits a jury to award requested attorneys’ fees when the defendant acted in bad faith, was stubbornly litigious, or caused unnecessary trouble and expense.

Instant One Media, Inc. v. EzFauxDecor, LLC · filed 2023-03-09

Georgia law allows juries to award attorneys’ fees when the plaintiff requests them and “the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.” O.C.G.A. § 13-6-11. ... We therefore affirm the district court’s denial of the motion for judgment as a matter of law with respect to attorneys’ fees.

Allegations that a defendant knew of a hazard and the likelihood of injury can plausibly support a claim for attorneys’ fees based on bad faith under § 13-6-11.

Barker v. Marriott International, Inc. · filed 2023-03-13

If the Defendant indeed knew of the hazardous flag stand in the conference room area and the likelihood of resultant injuries to a hotel patron who tripped over it, then such a fact could plausibly constitute willful or wanton misconduct or bad faith, supporting a claim for punitive damages or attorneys’ fees.

Section 13-6-11 permits an attorney fee award based on a jury’s finding of bad faith if any evidence supports that finding.

TAYLOR, EXR. v. THE DEVEREUX FOUNDATION, INC. (And Vice Versa) · filed 2023-03-15

Thus, we conclude that the evidence presented at trial was sufficient to support the jury’s finding that Taylor was entitled to attorney fees under OCGA § 13-6-11.

Litigation expenses may be awarded for bad faith, stubborn litigiousness, or causing unnecessary trouble and expense; persistent failure to address a continuing nuisance can support bad faith.

MILLEN v. GEORGIA RENEWABLE POWER LLC · filed 2023-06-16

And litigation expenses under O.C.G.A. § 13-6-11 may only be awarded “where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.” O.C.G.A. § 13-6-11. ... The Court thus denies Defendants’ summary judgment motion on punitive damages and attorneys’ fees as to the “Continuing Nuisance” Plaintiffs but grants the motion as to the rest of the Plaintiffs.

Section 13-6-11 permits attorney fees for a defendant’s bad faith, stubborn litigiousness, or causing unnecessary trouble and expense; whether those grounds exist is usually a jury question.

PANGBORN, LLC v. ROGER STONECIPHER · filed 2023-06-27

We also find no merit in the defendants’ argument that they are entitled to summary judgment on Stonecipher’s claim for attorney fees under OCGA § 13-6-11, which permits fees “where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense[.]” The existence of these statutory grounds “is usually a jury question, and only in the rare case where there was absolutely no evidence to support the award of expenses would the trial court be authorized to grant summary adjudication on such issues.” Brito v. Gomez Law Group, 289 Ga. App. 625, 628 (2) (658 SE2d 178) (2008) (citations and punctuation omitted). This is not such a rare case. At the very least, there is a fact question as to whether the defendants acted in bad faith for the reasons discussed above.

Section 13-6-11 permits attorney’s fees for bad faith in performing a contract, and a factual dispute about that bad faith can preclude summary judgment on the fees claim.

FT Global Capital, Inc. v. Future Fintech Group, Inc. · filed 2023-08-31

Because this case presents a dispute of fact as to bad faith in the performance of a contract, summary judgment on the claim for attorney’s fees under O.C.G.A. § 13-6-11 is not appropriate.

Section 13-6-11 allows litigation expenses for claims arising from a defendant’s bad faith, including a baseless lien claim.

Alacrity Holdings 6, LLC v. Popli · filed 2023-09-11

The Court finds that Popli acted in bad faith when he willfully caused the damages to the Property and when he filed the false claim of lien and lawsuit thereon, which had no basis at all and did not constitute a bona fide dispute as the Court already noted. Thus, Alacrity is entitled to litigation expenses related to the damages to the Property and the claim of lien.

Section 13-6-11 allows a claim for attorney fees to proceed when the allegations support an inference that the defendant acted in bad faith.

Cheek v. GL NV24 Shipping, Inc. · filed 2023-09-13

Drawing inferences in favor of Plaintiffs, this implies a “breach of known duty through some motive of interest of ill will.” Kin Chun Chung, 975 F. Supp. 2d at 1351. Thus, Norton Lilly’s motion to dismiss, dkt. no. 74, is DENIED as to punitive damages and attorney’s fees.

Section 13-6-11 permits a plaintiff who specially pleads for litigation expenses to seek attorney fees when the defendant acted in bad faith; allegations of a breach of known duty can support that claim at the motion-to-dismiss stage.

Crum v. GL NV24 Shipping, Inc. · filed 2023-09-13

O.C.G.A. § 13-6-11 permits recovery of expenses of litigation, including attorney fees, “where the plaintiff has specially pleaded and has made prayer therefor and where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.” ... Drawing inferences in favor of Plaintiffs, this implies a “breach of known duty through some motive of interest of ill will.” ... Thus, Norton Lilly’s motion to dismiss, dkt. no. 75, is DENIED as to punitive damages and attorney’s fees.

Section 13-6-11 permits litigation expenses for bad faith in the underlying transaction; summary judgment is warranted when no evidence supports bad faith.

BROOKS v. AK CREATION LLC · filed 2023-10-02

For the same reasons, the present record would not permit a jury to award litigation expenses under O.C.G.A. § 13-6-11.

Section 13-6-11 does not provide fees for bad-faith breach of an insurance contract because the insurance bad-faith statute supplies the exclusive remedy.

North Village Condominium Association, Inc. v. Auto-Owners Insurance Company · filed 2024-03-08

Defendant also requests summary judgment on Plaintiff’s bad-faith insurance claim under § 33-4-6 and request for fees and costs under § 13-6-11. ... In any event, the Court finds these claims fail on the merits. ... exclusive remedy for bad-faith breach of an insurance contract is set forth in § 38-4-6.

A surviving intentional trespass claim can support a claim for litigation expenses under § 13-6-11.

Thornton Storage, LLC v. Ready Mix USA, LLC · filed 2025-01-23

Because Thornton Storage’s claim for trespass remains, so too does its claim for attorney’s fees.

Section 13-6-11 permits a specially pleaded claim for litigation expenses when the plaintiff plausibly alleges bad faith; allegations that a defendant knew of cybersecurity weaknesses but failed to use reasonable security practices can suffice.

Bracy v. Americold Logistics LLC · filed 2025-02-19

This is sufficient to allege bad faith under O.C.G.A. § 13-6-11.

A negligent traffic violation alone does not establish bad faith sufficient to award expenses of litigation under § 13-6-11.

Love v. McKnight · filed 2025-03-04

Because Nash, 349 Ga. App. at 383-384, and Windermere, 211 Ga. App. at 179, are inapposite, we conclude that the Court of Appeals erred in determining that the negligent violation of a traffic law by itself will support a claim for expenses of litigation under OCGA § 13-6-11 based on bad faith.

Section 13-6-11 does not authorize attorney fees for an insurer’s bad faith refusal to pay insurance proceeds because § 33-4-6 provides the exclusive remedy.

Stewart Title Guaranty Company v. Groundfloor Holdings Ga, LLC · filed 2025-03-14

Accordingly, because OCGA § 33-4-6 was the sole vehicle for Groundfloor to pursue attorney fees against Stewart, the trial court erred by denying Stewart’s motion for summary judgment on Groundfloor’s claim for OCGA § 13-6-11 attorney fees.

Section 13-6-11 permits litigation expenses when a defendant acts in bad faith, is stubbornly litigious, or causes unnecessary trouble and expense. Repeated complaints about an unremedied continuing nuisance can support a finding of bad faith.

FOWLER v. GEORGIA RENEWABLE POWER LLC · filed 2025-03-15

Litigation expenses under O.C.G.A. § 13-6-11 may only be awarded “where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.” O.C.G.A. § 13-6-11. ... Here, there is evidence from which a jury could conclude that Defendants did not take adequate measures to control noise, light, and air quality issues from the Madison Plant, that several Plaintiffs repeatedly asked Defendants to fix the problems, and that Defendants never fixed the problems for some Plaintiffs. The Court thus denies Defendants’ summary judgment motion on punitive damages and litigation expenses.

Section 13-6-11 permits a claim for litigation expenses to proceed to trial when the plaintiff presents sufficient evidence of the defendant’s bad faith for a jury to consider.

Thiede v. Sharper Impressions Painting Co. · filed 2025-03-31

Because Thiede may proceed to trial on his substantive appropriation of likeness claim, his claims for punitive damages and attorneys’ fees may also proceed. As discussed above, Thiede has presented sufficient evidence of Defendants’ ill intent and bad faith to go to a jury.

Section 13-6-11 allows litigation expenses for bad faith, stubborn litigiousness, or unnecessary trouble and expense, but § 33-4-6 is the exclusive remedy for an insurer’s bad faith refusal to pay benefits.

EVANS v. CMFG LIFE INSURANCE COMPANY · filed 2025-03-31

Under O.C.G.A. § 13-6-11, “where the plaintiff has specially pleaded and has made prayer therefor and where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense, the jury may allow” attorney’s fees and litigation expenses as damages. But O.C.G.A. § 33-4-6 is the exclusive remedy for an insurer’s bad faith denial of insurance benefits.

Section 13-6-11 requires more than bad judgment or negligence to support an award of litigation expenses.

GUGGENHEIM DEVELOPMENT SERVICES LLC v. JMC FLATROCK PARTNERS LLC · filed 2025-04-16

However, § 13-6-11 requires more than “bad judgment or negligence.”

Section 13-6-11 does not support attorney’s fees for bad faith based on prior driving events recorded internally and followed by coaching.

Lewis v. Medford · filed 2025-05-06

Attorney’s fees are warranted when a defendant “has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.” O.C.G.A. § 13-6-11. ... The Court therefore grants summary judgment to the Defendants as to attorney’s fees.

Section 13-6-11 permits attorney fees for bad faith in the underlying transaction when a plaintiff seeks injunctive relief alongside declaratory relief.

ANDY AKIN v. HALSELL · filed 2025-09-10

Here, however, Halsell sought not only declaratory relief but also injunctive relief. “Attorney fees and expenses under OCGA § 13-6-11 can be recovered in proceedings in equity[.]” ... That includes suits for injunctive relief. ... Based on these findings, which are supported by the record, the trial court did not err in awarding Halsell attorney fees under OCGA § 13-6-11.

Section 13-6-11 does not allow litigation expenses for an insurer’s bad faith denial of benefits when the plaintiff seeks damages under § 33-4-6.

BLAIR · filed 2026-03-09

The Court agrees with Travelers that litigation expenses pursuant to O.C.G.A. § 13-6-11 are not recoverable as a matter of law.

Section 13-6-11 permits attorney fees for bad faith in the underlying transaction, and a jury award stands if supported by some evidence.

ATG SPORTS INDUSTRIES, INC. v. ITS SPRINTURF HOLDINGS, LLC · filed 2026-03-12

ATG Sports and ATG-RAM contest the sufficiency of the evidence supporting the jury’s award of attorney fees under OCGA § 13-6-11, which authorizes such an award where a defendant has acted in bad faith. ... Because the award in this case was supported by some evidence, it must be upheld.

Section 13-6-11 requires intentional, wanton, or reckless conduct, or conscious indifference to the consequences, to support bad-faith litigation expenses in a tort action; traffic violations alone are insufficient.

Harris v. Grant-Malcolm · filed 2026-03-13

Under Love the showing required is conduct that is intentional, wanton, reckless, or at least indicative of a conscious indifference to the consequences; and evidence of traffic violations, by itself, is not sufficient. The plaintiff has not come forward with the requisite showing.

Section 13-6-11 permits an attorney-fee claim to reach a jury when evidence creates a genuine issue of fact about the defendant’s bad faith.

ONSITE COMMUNICATION SERVICES, LLC v. GOOCH · filed 2026-06-24

In this case, the same evidence discussed above which supported the trial court’s denial of summary judgment on the claim for punitive damages also supports the denial of summary judgment on the claim for attorney fees under OCGA § 13-6-11.

Section 13-6-11 does not provide a remedy for an insurer’s bad faith because Section 33-4-6 provides the exclusive remedy.

Yonko v. West Coast Life Insurance Company · filed 2021-04-15

Robert also brought a bad faith claim pursuant to O.C.G.A. § 13-6-11 but later conceded that O.C.G.A. § 33-4-6 provides the exclusive remedy for an insurer’s bad faith. (Interpleader Def.’s Resp. Interpleader Pl.’s Mot. Dismiss 13, DN 46). Accordingly, the Court dismisses this claim.

Section 13-6-11 does not permit recovery of attorney fees for an insurer’s failure to pay a claim when Section 33-4-6 provides the exclusive remedy.

THOMPSON v. HOMESITE INS. CO. OF GA.; And Vice Versa. · filed 2018-03-14

General penalty provisions under OCGA § 13-6-11 cannot be the basis of recovery where the General Assembly has provided a specific procedure and a limited penalty for non-compliance.

Section 13-6-11 does not authorize attorney fees for an insurer’s failure to pay a claim when Section 33-4-6 provides the specific remedy.

Thompson v. Homesite Insurance Company of Georgia · filed 2018-03-14

General penalty provisions under OCGA § 13-6-11 cannot be the basis of recovery where the General Assembly has provided a specific procedure and a limited penalty for non-compliance.

A claim for attorney fees and expenses under § 13-6-11 is derivative and fails when the underlying claim fails.

New Star Realty, Inc. v. Jungang Pri USA, LLC · filed 2018-06-26

Because Jungang could not prevail on its negligence claim again New Star California, it likewise could not succeed on its claim for attorney fees and expenses under OCGA § 13-6-11.

A request for attorney fees under § 13-6-11 may survive a motion to dismiss when the complaint sufficiently alleges an underlying claim.

Z-Space, Inc. v. Dantannas Cnn Center, LLC · filed 2019-03-07

Finally, because we conclude that the plaintiff has alleged sufficient facts to set forth some of the claims as illustrated above, the trial court properly denied the motion to dismiss the derivative claims for punitive damages, attorney fees, and interest.

Section 13-6-11 does not provide litigation expenses for an insurer’s bad-faith refusal to pay an uninsured motorist claim because the uninsured motorist statute provides an exclusive procedure and penalty.

McCall v. Allstate Insurance · filed 1984-01-04

Unlike OCGA § 33-7-11 (j) (Code Ann. § 56-407.1), supra, OCGA §§ 13-6-11 (Code Ann. § 20-1404), 51-12-5 and 51-12-6 (Code Ann. §§ 105-2002,105-2003) do not provide for a pretrial demand for payment, do not provide a time limit for payment (60 days) following such demand, and do not provide a limitation upon recovery (25 %). ... We therefore conclude that where the General Assembly has provided a specific procedure and a limited penalty for noncompliance with a specific enactment (e.g., uninsured motorist coverage), the specific procedure and limited penalty were intended by the General Assembly to be the exclusive procedure and penalty, and recovery under general penalty provisions will not be allowed.

Section 13-6-11 does not provide bad faith penalties for an insurer’s refusal to pay an insurance claim.

Hill v. Safeco Insurance Co. of America · filed 1999-09-30

The final claim in the Plaintiffs complaint is bad faith penalties under O.C.G.A. § 13-6-11. As Plaintiff acknowledges that this section does not apply to the action at hand and that O.C.G.A. is the exclusive remedy for bad faith refusal to pay a claim, this claim must fail.

Section 13-6-11 does not provide attorney’s fees or litigation expenses for an insured’s claim against an insurer because § 33-4-6 provides the exclusive procedure for recovering attorney’s fees.

Powers v. Unum Corporation · filed 2006-05-26

The district court also properly concluded that Powers’s claim for attorneys fees and litigation expenses under O.C.G.A. § 13-6-11 was barred by O.C.G.A. § 33-4-6, which provides insureds the exclusive procedure to recover attorneys fees.

Section 13-6-11 does not support an award of litigation expenses for an insurer’s failure to pay benefits when the plaintiff has no other viable claim for damages.

Estate of Thornton Ex Rel. Thornton v. Unum Life Insurance Co. of America · filed 2006-08-15

Since the plaintiffs only viable claim for damages is predicated on the defendant’s failure to pay benefits under the Policy, there is no claim for damages that will support an award under O.C.G.A. § 13-6-11. Thus, the court will dismiss Count Four of the plaintiffs complaint.

Section 13-6-11 does not allow an insured to recover litigation expenses from a UM insurer based on the tortfeasor’s bad faith or stubborn litigiousness because the UM statute provides the exclusive penalty.

Smith v. Stoddard · filed 2008-11-19

And where, as here, the legislature provides a limited penalty under a specific enactment, namely OCGA § 33-7-11, the limited penalty is the exclusive penalty, and recovery under general penalty provisions such as OCGA § 13-6-11 will not be allowed.

Section 13-6-11 does not provide attorney fees for an insurer’s bad faith refusal to pay insurance proceeds; § 33-4-6 provides the exclusive remedy.

Hunnings v. Travelers Insurance Group Holdings, Inc. · filed 2020-04-08

In addition, even if Plaintiff could assert a bad faith failure to defend claim, Plaintiff could still not seek damages under O.C.G.A. § 13-6-11.

Section 13-6-11 does not provide attorney’s fees or litigation expenses for an insurer’s bad faith refusal to pay insurance proceeds; Section 33-4-6 provides the exclusive remedy.

Owners Insurance Company v. Brown · filed 2020-05-01

Finally, to the extent Defendants seek attorneys’ fees and litigation expenses under O.C.G.A. § 13-6-11 in tandem with their counterclaim, their prayer for relief fails as a matter of law. ... Under Georgia law, “[t]he penalties contained in OCGA § 33-4-6 [(not O.C.G.A. § 13-6-11)] are the exclusive remedies for an insurer’s bad faith refusal to pay insurance proceeds.”

Section 13-6-11 does not provide an alternative way for an insured to recover attorney’s fees for an insurer’s failure to pay a claim; section 33-4-6 provides the exclusive procedure.

Valles v. State Farm Fire and Casualty Company · filed 2021-02-01

Contrary to Plaintiff’s assertion, “[p]laintiffs may not seek fees under § 13-6-11 as an alternative claim even where they cannot prevail under § 33-4-6.”

Section 13-6-11 does not provide an alternative way for an insured to recover attorney’s fees when section 33-4-6 supplies the exclusive remedy.

Cadet v. The First Liberty Insurance Corporation · filed 2022-03-07

But a “claim for attorney’s fees and litigation expenses under O.C.G.A. § 13-6-11 [is] barred by O.C.G.A. § 33-4-6, which provides insureds the exclusive procedure to recover attorney’s fees.” ... Because O.C.G.A. § 33-4-6 is Plaintiff’s exclusive remedy for attorneys’ fees, the Court grants Defendant’s motion as to this count.

Section 13-6-11 does not authorize attorney fees for an insurer’s bad faith refusal to pay a claim; Section 33-4-6 provides the exclusive procedure for recovering those fees.

Butler v. Nationwide Mutual Fire Insurance Company · filed 2022-03-08

But a “claim for attorneys’ fees and litigation expenses under O.C.G.A. § 13-6-11 [is] barred by O.C.G.A. § 33-4-6, which provides insureds the exclusive procedure to recover attorneys’ fees.”

Section 13-6-11 does not provide attorney fees for an insurer’s bad faith denial of coverage when O.C.G.A. § 33-4-6 supplies the exclusive remedy.

COLLINS v. MERCURY INSURANCE COMPANY OF GEORGIA · filed 2024-12-16

Mercury has since moved to dismiss Count III of Plaintiffs’ Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), arguing that O.C.G.A. § 33-4-6 provides the exclusive remedy for an insurer’s bad faith denial of coverage and precludes claims for attorney fees under O.C.G.A. §§ 13-6-11 and 9-15-14.1 ... Accordingly, Defendant Mercury Insurance Company of Georgia’s Motion to Dismiss Count III of Plaintiffs’ Complaint (Doc. 4) is GRANTED. Count III of Plaintiffs' Complaint is hereby DISMISSED without prejudice.

Section 13-6-11 does not allow attorney’s fees for an insurer’s bad faith refusal to pay insurance proceeds because § 33-4-6 provides the exclusive remedy.

BARRON v. STATE FARM FIRE AND CASUALTY COMPANY · filed 2025-07-21

Therefore, Plaintiff is barred from bringing a claim for attorney’s fees under O.C.G.A. §§ 9-15-14 and 13-6-11.

Section 13-6-11 does not allow recovery of attorney fees expended in a prior legal proceeding.

Multibank 2009-1 Res-Adc Venture, LLC v. Savannah River Club, LLC · filed 2014-03-24

It is well-settled that “a party cannot recover fees under authority of OCGA § 13-6-11 to the extent that the fees are expended in a prior legal proceeding.”

An award of fees under § 13-6-11 is premature while the underlying proceeding remains pending.

Howell v. Bank of America, N.A. ex rel. Inglis (In re Dorsey) · filed 2013-06-18

The Court does not believe that an award of fees pursuant to O.C.G.A. § 13-6-11 is proper at this time. ... Since the adversary proceeding should not be dismissed, a determination at this juncture into the entitlement of fees would surely prove premature and inappropriate.

Section 13-6-11 allows recovery of litigation expenses only when they arise out of the present action.

Alston v. Stubbs · filed 1984-03-07

Since the recovery of such expenses of litigation pursuant to OCGA § 13-6-11 may not be had where such expenses do not arise out of the present action, the trial court properly dismissed appellant’s complaint based on this ground.

Section 13-6-11 does not allow recovery of expenses incurred defending a claim, and a claimant must prove the fees incurred pursuing its own claim.

Batchelor v. Tucker · filed 1987-11-04

Furthermore, Tucker’s expert testimony concerning the reasonableness of the fee charged did not distinguish between the amount expended in defense of Batchelor’s claim and the amount expended in pursuit of Tucker’s counterclaim. Since there can be no recovery under OCGA § 13-6-11 for expenses incurred in the defense of a claim (DuBose v. Box, 246 Ga. 660 (5) (273 SE2d 101) (1980)), and Tucker failed to prove the attorney fees involved in pursuit of his counterclaim, direction of a verdict in favor of Batchelor was appropriate.

Section 13-6-11 does not allow recovery of attorney fees incurred defending against an action.

Easley v. Clement · filed 1989-03-02

Moreover, attorney fees for defending against an action are not available under OCGA § 13-6-11 in any event.

Section 13-6-11 permits a plaintiff to seek attorney’s fees for prosecuting a claim, but not for defending a counterclaim.

Lineberger v. Williams · filed 1990-03-13

In the main action, appellee was the plaintiff and he was, therefore, entitled to seek attorney’s fees pursuant to OCGA § 13-6-11 for his prosecution of that claim. As to appellant’s counterclaim, however, appellee was the defendant and he was, therefore, not entitled to seek attorney’s fees pursuant to OCGA § 13-6-11 for his defense of that claim.

Section 13-6-11 permits a claim based on a defendant’s conduct before litigation begins, but does not cover conduct during litigation.

Harkleroad & Hermance, P.C. v. Stringer · filed 1996-02-28

Moreover, a claim under OCGA § 13-6-11 applies to a defendant’s conduct before the commencement of litigation, and necessarily does not encompass conduct in the course of litigation.

Section 13-6-11 does not allow recovery of expenses incurred defending a lawsuit.

Dennis-Smith v. Freeman · filed 2006-03-01

But OCGA § 13-6-11 does not permit the recovery of expenses incurred in defending a lawsuit.

Section 13-6-11 permits a plaintiff to recover expenses incurred in prosecuting a claim, but does not permit a defendant to recover expenses incurred defending against a claim.

Emerson v. BROOKMERE HOMEOWNERS ASSOCIATION, INC. · filed 2011-08-08

Under the plain language of this statute, only a plaintiff is eligible to recover the expenses incurred in prosecuting his or her claim; a defendant’s expenses of defending against a claim are not recoverable.

Section 13-6-11 does not allow recovery of attorney fees spent in a prior legal proceeding.

In Re Estate of Tapley · filed 2011-10-24

It is also true that a party cannot recover fees under authority of OCGA § 13-6-11 to the extent that the fees are expended in a prior legal proceeding.