Case Explained: Ol Private Counsel v. Olson

Court: United States Court of Appeals for the Tenth Circuit Filed: 2026-07-27 Docket: 2:21-CV-00455-DBB) The Tenth Circuit affirmed the district court’s grant of summary judgment in favor of Ephraim Olson, dismissing all claims brought by OL Private Counsel, LLC (OLPC). The court held that OLPC failed to establish a cognizable theory of damages under Utah law. Specifically, the court applied the “American Rule,” which generally bars the recovery of attorney’s fees as consequential or special damages unless an exception applies. While acknowledging the “third-party litigation exception,” the court found it inapplicable because OLPC was not a party to the underlying divorce proceedings and its decision to indemnify its clients for legal fees was a voluntary, post-hoc oral agreement rather than a foreseeable consequence of Olson’s conduct. Consequently, the asserted damages were not recoverable. Regarding the conversion claim, the court reviewed the district court’s requirement that OLPC prove damages under a plain error standard because OLPC failed to raise the argument that damages are not an element of conversion in Utah law before the district court. The appellate court determined that any potential error was not “plain” or clear under well-settled law, nor did it affect substantial rights or seriously impact the fairness of judicial proceedings. Finally, the court found no violation of Federal Rule of Civil Procedure 56(f) regarding the sua sponte denial of injunctive relief, concluding that OLPC had sufficient notice to address the issue of irreparable harm during summary judgment briefing. The practical consequence is that OL Private Counsel’s lawsuit against Ephraim Olson is dismissed with no damages awarded and no injunctive relief granted. The case remains closed in favor of the defendant. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.