the exposure requirement under the circumstances, and logic dictates that Plaintiffs came into contact with the soil on their property. Plaintiffs, of course, will have to prove exposure should this case proceed to trial, but, for the purposes of this Rule 12(b)(6) motion, the Court holds that the allegations in the complaint sufficiently state a claim for emotional distress damages based on fear over health problems. Accordingly, the Court denies Defendant’s motion to dismiss Plaintiffs’ claim for such emotional distress damages. C. Attorney Fees Under the American rule, “attorney’s fees may not be awarded to the prevailing party absent statutory authorization or an agreement between the parties so providing.” John Kohl & Co. P.C. v. Dearborn & Ewing, 977 S.W.2d 528, 534 (Tenn.1998) (<HOLDING>). The American rule is firmly established in
holding that there would be no exception to american rule on attorney fees for legal malpractice claims holding claims against attorney for legal malpractice must be asserted by attorneys actual client absent limited exception holding that a successful plaintiff in a legal malpractice action may recover initial fees a plaintiff pays or agrees to pay an attorney for legal services that were negligently performed and corrective fees incurred by the plaintiff for work performed to correct the problem caused by the negligent lawyer but not litigation fees which are legal fees paid by the plaintiff to prosecute the malpractice action against the offending lawyer holding that legal malpractice claims are not assignable holding that plaintiffs could not sue attorneys for legal malpractice so long as underlying medical malpractice action out of which legal malpractice claim arose was still pending on appeal