Business Court Exercises Discretion to Deny Attorneys' Fees Under Section 37.009 Despite Clear Victory on Merits

In Dallas Sports Group v. DSE Hockey Club, the Business Court's 1st Division ordered each side to bear its own attorneys' fees under Civil Practice and Remedies Code § 37.009 despite plaintiffs prevailing on all substantive issues in a declaratory judgment action concerning redemption of partnership interests in the American Airlines Center. The court exercised its equitable discretion under the statute, which permits but does not require fee awards based on what is equitable and just rather than prevailing party status alone.