July 25, 2012 – OLG Response to AG Brief Opposing Fees
In summary the OLG brief stated:
- OLGâ€™s request for fees is proper at this time because a final judgment has been entered on an appeal.
- Fees are recoverable in this action regardless of whether it is an action in Mandamus (which it is not).
- OLG is an â€œeligible partyâ€ entitled to recover fees under the Ohio Revised Code. Also, as an incorporated entity OLG is not required to aggregate the net worth of its employees or members.
- OLG is the prevailing eligible party and is entitled to an award of fees.
- The Stateâ€™s position in initiating the matter was not substantially justified.
- The State has failed to describe â€œSpecial Circumstancesâ€ for avoiding the payment of attorneyâ€™s fees.
Read the entire brief by clicking: OLG Reply brief to State 2012