In Earth Cam, Inc. v. Oxblue Corp. (11th Circuit 16-10363 09/27/2016), the 11th Circuit Court of Appeals upheld the district court’s application of O.C.G.A. § 9-11-68 to award attorney’s fees in a case involving federal-question claims and pendent state law claims. The Court held that O.C.G.A. § 9-11-68 is substantive and does not conflict with Rule 68 of the Federal Rules of Civil Procedure and that it must be applied in a federal case involving state law claims.

By: Richard Tisinger, Jr.