context: Heartland chose instead to initiate the ordinary briefing process and to then file a full-throated opening brief that raised additional issues for our review beyond the contract-coverage dispute. Heartland's failure to reasonably mitigate the fees it incurred should factor into the court's decision to award fees for bad faith.
citation_a.signal: see
citation_a.identifier: 522 F.2d 955, 958
citation_a.parenthetical: "An award [of fees] for obstinacy, although a penalty, is only for the unnecessary efforts occasioned by the obstinacy."
citation_a.sentence: See Wright v. Jackson, 522 F.2d 955, 958 (4th Cir. 1975) (“An award [of fees] for obstinacy, although a penalty, is only for the unnecessary efforts occasioned by the obstinacy.”); cf. Leffler v. Meer, 936 F.2d 981, 987 (7th Cir. 1991) (noting “the duty to mitigate legal fees by promptly, where possible, disposing of baseless claims through summary procedures”); Thomas v. Capital Sec. Servs., Inc., 836 F.2d 866, 879 (5th Cir. 1988) (factoring into fee award “the extent to which the nonviolating party’s expenses and fees could have been avoided or were self-imposed”).
citation_b.signal: cf.
citation_b.identifier: 936 F.2d 981, 987
citation_b.parenthetical: noting "the duty to mitigate legal fees by promptly, where possible, disposing of baseless claims through summary procedures"
citation_b.sentence: See Wright v. Jackson, 522 F.2d 955, 958 (4th Cir. 1975) (“An award [of fees] for obstinacy, although a penalty, is only for the unnecessary efforts occasioned by the obstinacy.”); cf. Leffler v. Meer, 936 F.2d 981, 987 (7th Cir. 1991) (noting “the duty to mitigate legal fees by promptly, where possible, disposing of baseless claims through summary procedures”); Thomas v. Capital Sec. Servs., Inc., 836 F.2d 866, 879 (5th Cir. 1988) (factoring into fee award “the extent to which the nonviolating party’s expenses and fees could have been avoided or were self-imposed”).