Fort Worth Partners, LLC v. Nilfisk, Inc.; Nilfisk Holding A/S, a Danish Corporation

United States Court of Appeals
For the Eighth Circuit
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No. 24-3224
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Fort Worth Partners, LLC
Plaintiff - Appellee
v.
Nilfisk, Inc.; Nilfisk Holding A/S, a Danish Corporation
Defendants - Appellants
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No. 24-3281
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Fort Worth Partners, LLC
Plaintiff - Appellant
v.
Nilfisk, Inc.; Nilfisk Holding A/S, a Danish Corporation
Defendants - Appellees
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Appeals from United States District Court
for the Western District of Arkansas - Fayetteville
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Submitted: November 6, 2025
Filed: December 31, 2025
[Unpublished]
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Before LOKEN, KELLY, and ERICKSON, Circuit Judges.
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PER CURIAM.
Following our decision affirming in part, reversing in part, and remanding for
further proceedings the issue of damages to the district court, see Fort Worth
Partners, LLC v. Nilfisk, Inc., 155 F.4th 989 (8th Cir. 2025), Fort Worth Partners
has moved for attorney’s fees and expenses arising out of the appeal. While we may
resolve requests for appellate attorney’s fees ourselves, because “the panel has a
better sense of the issues and the work accomplished in relationship to the briefs and
record filed on appeal than the district court,” Winter v. Cerro Gordo Cnty.
Conservation Bd., 937 F.2d 399, 400 (8th Cir. 1991), we also recognize that
“the district court is still significantly more experienced than we are when it comes
to analyzing and awarding attorney fees as a general matter, even if it did not see
this part of the litigation firsthand.” Tussey v. ABB, Inc., 850 F.3d 951, 961 (8th
Cir. 2017).
In our prior decision, we informed the parties that they may seek
reconsideration of the attorney’s fees award if the district court enters a revised
damages award. In light of the outstanding issues, we exercise our discretion and
remand Fort Worth Partners’ request for appellate attorney’s fees and expenses to
the district court for consideration in conjunction with the appropriate award of
attorney’s fees for the district court proceedings. See 8th Cir. R. 47C(b) (“On the
court’s own motion . . . a motion for attorney fees may be remanded to the district
court . . . for appropriate hearing and determination.”).
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