Brisco v. State Ex Rel. Board of Regents of Agricultural & Mechanical Colleges
394 P.3d 1251
| Okla. | 2017Background
- Brisco was hired by Oklahoma State University as an assistant professor with an agreement that, after satisfactory performance for three years, she would be reappointed for four more years.
- OSU did not reappoint Brisco at the end of her initial term; she sued for breach of contract and also alleged tortious interference against four individual employees.
- At trial Brisco prevailed on breach of contract, received $50,000 in damages, and sought attorney fees under 12 O.S. § 936; the district court awarded $49,065.
- The State appealed the fee award; the Court of Civil Appeals affirmed, and the Oklahoma Supreme Court granted certiorari to decide whether § 936 authorized fees under these facts.
- The Supreme Court analyzed whether § 936’s phrase "for labor or services rendered" permits fees for claims seeking lost future wages or profits (i.e., services not yet performed).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 12 O.S. § 936 authorizes attorney fees for Brisco's breach-of-contract claim for lost future wages | §936 should be read broadly; the contract concerned Brisco’s services, so recovery relates to labor/services and fees are authorized | §936 applies only to recovery for labor or services already rendered (past performance not future anticipated services) | §936 does not authorize fees here; statute’s "rendered" limits fees to past labor/services already performed |
Key Cases Cited
- Russell v. Flanagan, 544 P.2d 510 (Okla. 1975) (interpreting §936 to apply to actions for labor or services already performed)
- Ferrell Const. Co., Inc. v. Russell Creek Coal Co., 645 P.2d 1005 (Okla. 1982) (denying §936 fees for suit to recover anticipated profits from unperformed contract)
- Holbert v. Echeverria, 744 P.2d 960 (Okla. 1987) (distinguishing suits to recover unpaid labor/services from suits for damages arising from contracts related to labor/services)
- Cook v. Oklahoma Bd. of Pub. Affairs, 736 P.2d 140 (Okla. 1987) (statutory fee awards must fall clearly within the authorizing statute)