Kansas Statutes Annotated

K.S.A. § 60-3323 (2026)

Award of attorney fees, when

✓ current as of May 2026

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60-3323. Award of attorney fees, when. If (i) a claim of misappropriation is made in bad faith, (ii) a motion to terminate an injunction is made or resisted in bad faith, or (iii) willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.

History: L. 1981, ch. 214, § 4; July 1.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1995–2021 · leading case: Wolfe Elec., Inc. v. Duckworth, 266 P.3d 516 (Kan. 2011).

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Wolfe Elec., Inc. v. Duckworth, 266 P.3d 516 (Kan. 2011). · cites it 2× “60-3322 (damages); K.S.A. 60-3323 (attorney fees). That said, the definitions jury instruction upon which Wolfe Electric partially relies to claim the instructions when considered together were substantially correct, Instruction 9, correctly quotes the KUTSA definition of “trade…”

API Americas Inc. v. Miller, 380 F. Supp. 3d 1141 (D. Kan. 2019). · cites it 2× “§ 1836 (b)(3)(D) (a court has discretion to award reasonable attorney's *1151 fees to the prevailing party where it finds the trade secret was "willfully and maliciously misappropriated"); K.S.A. § 60-3323 (where "willful and malicious misappropriation exists, the court may…”

Fireworks Spectacular, Inc. v. Premier Pyrotechnics, Inc., 147 F. Supp. 2d 1057 (D. Kan. 2001). · cites it 2× “Similarly, K.S.A. § 60-3323(iii) provides that the court may award reasonable attorney fees to the prevailing party if willful and malicious misappropriation is found to exist.”

Progressive Prods., Inc. v. Swartz, 258 P.3d 969 (Kan. 2011). “” “K.S.A. 60-3323. If (i) a claim of misappropriation is made in bad faith, (ii) a motion to terminate an injunction is made or resisted in bad faith, or (iii) willful and malicious misappropriation exists, the court may award reasonable attorney’s fees to the prevailing party.”

Curtis 1000, Inc. v. Pierce, 905 F. Supp. 898 (D. Kan. 1995). · cites it 2× “Because of the above holdings, the court also rejects defendants’ claim for attorney’s fees under K.S.A. § 60-3323. We do not *903 believe the claim of misappropriation has been made in bad faith.”

U.S. Energy Expl. Corp. v. Directional Drilling Sys., LLC (D. Kan. 2021). · cites it 18× “US Energy is now before the Court with a Motion to Dismiss Count V of that Counterclaim, which asserts a claim for attorney fees under K.S.A. § 60-3323 (Doc. 11). US Energy argues that DDS fails to state a claim pursuant to Fed.”

ICE Corp. v. Hamilton Sundstrand Corp., 432 F. App'x 732 (10th Cir. 2011). “” Kan. Stat. Ann. § 60-3323 ; see Unif. Trade Secrets Act § 4 (2005).”

— K.S.A. § 60-3323(iii) — 2 cases

Fireworks Spectacular, Inc. v. Premier Pyrotechnics, Inc., 147 F. Supp. 2d 1057 (D. Kan. 2001). “Similarly, K.S.A. § 60-3323(iii) provides that the court may award reasonable attorney fees to the prevailing party if willful and malicious misappropriation is found to exist.”

U.S. Energy Expl. Corp. v. Directional Drilling Sys., LLC (D. Kan. 2021). “US Energy is now before the Court with a Motion to Dismiss Count V of that Counterclaim, which asserts a claim for attorney fees under K.S.A. § 60-3323 (Doc. 11). US Energy argues that DDS fails to state a claim pursuant to Fed.”

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