context: Further, Rule 9(g) requires that items of special damage be specifically pled. A number of courts have held that at least in some contexts, requests for attorney's fees are items of special damages which must be specifically pled, failing which they are not recoverable.
citation_a.signal: cf.
citation_a.parenthetical: failure to plead attorney's fees as an item of special damages did not bar recovery where the claim, though not pled, was advanced during pretrial conferences such that pleadings could properly be considered as having been amended to include such claim
citation_a.sentence: See, e.g., In re American Cas. Co., 851 F.2d 794, 801-02 (6th Cir.1988) (claims for attorney’s fees are items of special damages which must be specifically pleaded under Rule 9(g)); Atlantic Purchasers, Inc. v. Aircraft Sales, Inc., 705 F.2d 712, 716 n. 4 (4th Cir.), cert. denied, 464 U.S. 848, 104 S.Ct. 155, 78 L.Ed.2d 143 (1983) (buyer’s failure to state specifically a claim for attorney’s fees under state’s unfair trade practices act barred recovery of such fees); Maidmore Realty Co., Inc. v. Maidmore Realty Co., Inc., 474 F.2d 840, 843 (3d Cir.1973); In re Odom, 113 B.R. 623 (C.D.Cal.Bankr.1990); cf. Crosby v. Old Republic Ins. Co., 978 F.2d 210, 211 n. 1 (5th Cir.1992) (failure to plead attorney’s fees as an item of special damages did not bar recovery where the claim, though not pled, was advanced during pretrial conferences such that pleadings could properly be considered as having been amended to include such claim); see also 5 C. Wright & A. Miller, Federal Practice & Procedure § 1310, at 702 (1990).
citation_b.signal: see
citation_b.identifier: 851 F.2d 794, 801-02
citation_b.parenthetical: claims for attorney's fees are items of special damages which must be specifically pleaded under Rule 9(g
citation_b.sentence: See, e.g., In re American Cas. Co., 851 F.2d 794, 801-02 (6th Cir.1988) (claims for attorney’s fees are items of special damages which must be specifically pleaded under Rule 9(g)); Atlantic Purchasers, Inc. v. Aircraft Sales, Inc., 705 F.2d 712, 716 n. 4 (4th Cir.), cert. denied, 464 U.S. 848, 104 S.Ct. 155, 78 L.Ed.2d 143 (1983) (buyer’s failure to state specifically a claim for attorney’s fees under state’s unfair trade practices act barred recovery of such fees); Maidmore Realty Co., Inc. v. Maidmore Realty Co., Inc., 474 F.2d 840, 843 (3d Cir.1973); In re Odom, 113 B.R. 623 (C.D.Cal.Bankr.1990); cf. Crosby v. Old Republic Ins. Co., 978 F.2d 210, 211 n. 1 (5th Cir.1992) (failure to plead attorney’s fees as an item of special damages did not bar recovery where the claim, though not pled, was advanced during pretrial conferences such that pleadings could properly be considered as having been amended to include such claim); see also 5 C. Wright & A. Miller, Federal Practice & Procedure § 1310, at 702 (1990).