David J. McMahon

David J. McMahon

Hinshaw & Culbertson LLP

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A technical variance in a "998 offer" can preclude an award of costs

In Rouland v. Pacific Specialty Insurance Co. the California Court of Appeal for the Fourth Appellate District decided an interesting case under California’s cost shifting provision, Code of Civil Procedure Section 998....more

1/20/2014 - Breach of Contract Cost-Shifting Variances

Contract dispute leads to award of attorney fees

In Eden Township Healthcare District v. Eden Medical Center the California Court of Appeal for the First Appellate District decided a dispute giving rise to an attorney fee award pursuant to California Civil Code Section...more

1/20/2014 - Attorney's Fees Breach of Contract Hospitals

"Prevailing party" is not limited to successful litigants. Attorney fees awarded in settlement.

In Medical Protective Co. v. Pang, 2013 DJDAR 14233 (2013), the United States Court of Appeal for the Ninth Circuit decided a fee case under Arizona Revised Statute Section 12-341.01. The statute allows fee awards in cases...more

1/13/2014 - Attorney's Fees Breach of Contract Settlement

The Lack Of An Enforceable Contract Does Not Require Denial Of Attorney Fees Claim

In Douglas E. Barnhart Inc. v. CMC Fabricators Inc., 2012 DJDAR 15717 (2012), the California Court of Appeal for the Fourth Appellate District decided a unique and interesting claim for attorney fees arising from the alleged...more

12/13/2012 - Attorney's Fees Breach of Contract Construction Contracts Prevailing Party

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