Read the following excerpt from a US court opinion:
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Court found that the award of attorneys’ fees constitutes a judgment under the statute rather than a penalty, because the award was intended “to compensate his adversary for the damage inflicted on him in compelling him to incur expenses in support of a just claim.” Id. at 324 (internal quotations omitted). In drawing the distinction, the court noted that the proper inquiry “whether a judgment is ‘a fíne or other penalty’ depends on whether its purpose is remedial in nature, affording a private remedy to an injured person, or penal in nature, punishing an offense against the public justice.” Id. at 323 (citing Chase Manhattan Bank, N.A v. Hoffman, 665 F.Supp. 73, 75-76 (D.Mass.1987)); see also Spann v. Compania Mexicana Radiodifusora Fronteriza, S. A., 131 F.2d 609, 611 (5th Cir.1942) . As in Desjardins Ducharme, the awarding of
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing that an award of temporary attorneys fees and costs is based on an assessment of need and ability to pay as well as the reasonableness of the fees and costs
B. holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees
C. holding that the costs of computerized research should be characterized not as taxable costs but as attorneys fees
D. holding parties agreement provided clear contractual justification for the award of costs and expenses including attorneys fees to the prevailing party
E. holding that costs including attorneys fees imposed by a mexican court did not constitute a penalty
Reply with [A, B, C, D, E] only.