Ind. Court Rejects 'Catalyst Theory' and Denies Fees Despite Settlement

INDIANAPOLIS - The Indiana Court of Appeals has rejected a homeowner's argument that a $32,000 settlement with a builder entitled him to attorneys' fees, saying the state's courts have never adopted the "catalyst theory" of determining the prevailing party. Reuille v. E.E. Brandenberger Construction Inc., No. 02A04f-0704-CV-186 (Ind. Ct. App.).

The court said Sept. 6, in a published opinion, that despite the favorable settlement, homeowner Kirk Reuille had neither a consent decree nor an enforceable judgment that current precedent requires.

Reuille filed a civil complaint against E.E. Brandenberger Construction in 2002, contending that the interior windows of his new home …