Attorney's Fees

News & Analysis as of

Typo Renders Proposal For Settlement Ambiguous ? No Fees Awarded

In GEICO v. Ryan, No. 4D13-2615 (Fla. 4th DCA, Mar. 11, 2015), the Court reversed the Trial Court's award of attorney's fees in favor of the insured because the "Proposal for Settlement contains a patent ambiguity--spelling...more

Consumers in Lemon-Law Cases Not Entitled to Postjudgment Interest on Attorney’s Fee Award Paid Before Final Judgment

In Hyundai Motor America v. Superior Court (filed 3/20/15, No. G051279), the California Court of Appeal, Fourth Appellate District, determined that the plaintiff consumer was not entitled to postjudgment interest on an...more

Attorney’s Fees Are Awarded

Andrews, J. Defendant’s request for attorney’s fees is granted in part. Defendant is instructed to submit a joint proposed order reflecting the award. Defendant’s request for discovery and an injunction are denied....more

Swomley v. Schlecht, C.A. No. 9355-VCL (Del. Ch. Mar. 12, 2015) (Laster, V.C.)

In this letter opinion, the Court of Chancery declined to enter a form of stipulated order that proposed providing notice to purported class members and a hearing on plaintiffs’ motion for attorneys’ fees and expenses prior...more

Locke Lord QuickStudy: The Supreme Court Considers “Fees For Fees”

Lawyers in probate and fiduciary matters, and in bankruptcy and receivership matters, are frequently entitled to seek payment of their fees from a corpus of trust or estate funds. Unlike in employment litigation and civil...more

Failure to Comply with Terms of EEOC Consent Order Costs Employer $400,000 in Agency's Costs

Under federal civil rights laws, one major difference between suits brought by the Equal Employment Opportunity Commission and private parties involves liability for attorney’s fees. Losing employers must pay the prevailing...more

Court Of Chancery Explains Notice Required For Moot Claims

This decision explains what notice is required when a representative litigation is to be dismissed as moot and a fee paid to the plaintiff’s attorneys. Notice should be given to the class or the other stockholders in the way...more

Attorney’s Fees Not Always A Sure Thing in Florida Lien Foreclosure Cases

According to Florida law, the prevailing party in a suit brought to enforce a lien or claim against a bond is entitled to recover reasonable fees for the services of an attorney used for trial, appeal or arbitration. However,...more

Update on Chapter 93A

Chapter 93A is the dominant law in Massachusetts governing business litigation. It applies to nearly all business disputes. The winning plaintiff under Chapter 93A is entitled to an automatic award of its attorney's fees, and...more

Petitioning Creditor Concerns in Involuntary Chapter 11

In DVI Receivables XIV, LLC, et al. v. Rosenberg, the United States Court of Appeals for the Eleventh Circuit recently affirmed a bankruptcy court's award of approximately $1 million in compensation for the debtor's...more

Frequently Asked Questions: Attorneys’ Fees and Costs in Divorce Cases

I don’t want the divorce; why should I have to pay for it? We all have expenses for things that we do not anticipate. We do not intend to get sick or hurt; however, if we need medical attention, we are required to pay...more

A “Solution” in Search of a Problem? The Innovation Act of 2015 and Trends in Fee-shifting in Patent Litigation

On February 5, 2015, Rep. Robert Goodlatte (R-VA) introduced H.R. 9, entitled the “Innovation Act.” Among other things, the bill would direct courts to award attorneys’ fees and litigation-related expenses to prevailing...more

Employer Found to Have Violated Consent Decree; Ordered to Pay EEOC’s Attorney Fees

The EEOC recently announced that it was awarded nearly half a million dollars in attorney fees after a court found that an employer (the Jewel-Osco grocery store chain) violated a consent decree....more

Utah Clarifies Lien Amounts and Bonding Requirements

The Utah Supreme Court recently clarified that the only permissible amounts to claim under Utah’s mechanic lien statutes are those “equivalent to the value of the services rendered, labor performed, or materials or equipment...more

SLAPP’d in Orange County: Court of Appeal Confirms Right to Recover Post-Judgment Fees

California has an anti-SLAPP law that protects defendants from lawsuits brought to chill their First Amendment rights. The anti-SLAPP law, Code of Civil Procedure, section 425.16, provides “for the early dismissal of...more

Governor LePage Pushes Right to Work Legislation

Governor Paul LePage is aggressively pushing LD 489, An Act to Ensure the Right to Work without Payment of Dues or Fees to a Labor Union as a Condition of Employment. Current law allows public employees to opt out of joining...more

Congress Takes Up Patent Litigation Reform – Innovation Act Reintroduced, Supreme Court Cases Examined

Congress v SCtPatent litigation reform has been on the U.S. House Judiciary Committee agenda, with the recent reintroduction of legislation seeking to address patent litigation abuses and a hearing examining recent U.S....more

Jewel-Osco to Pay $400,000 to EEOC for its Fees and Costs in Contempt Action

Company's Breach of Earlier Consent Decree Led to Award to Federal Agency - CHICAGO - The U.S. Equal Employment Opportunity Commission (EEOC) today filed notice in U.S. District Court for the Northern District of...more

Lapse into LASPO further delayed for insolvency practitioners

On Thursday 26th February, the Ministry of Justice announced that the insolvency exemption to sections 44 and 46 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (‘LASPO’) will continue for the time being,...more

IP Newsflash - February 2015 #3

FEDERAL CIRCUIT CASES - Federal Circuit Throws Out $2 Million Award to Nvidia and Sony - Despite the Supreme Court's Octane Fitness decision making it easier to award attorneys’ fees, the Federal Circuit has...more

Chapter 40 Reform Provides Relief for Nevada Homebuilding Industry

Nevada Gov. Brian Sandoval signed into law AB 125 (2015) ushering in critical reforms for Nevada’s construction defect laws. The law, which the Nevada Legislature passed this past Friday, Feb. 20, 2015, provides crucial...more

Appellate Court Notes

SC19215 - Olszewski v. Jordan - In this case, the court reversed an earlier decision of the Appellate Court which had held that an equitable charging lien (as distinguished from a retaining lien equals the right to...more

9 Tips to Help Employers Avoid Violations of the Fair Labor Standards Act

Wage and hour law is complex. Compliance is challenging, and although a company may have systems and policies in place, a manager or supervisor can put the company at risk for unpaid wages if they are not familiar with all...more

Judge Posner on Bankruptcy’s "Clean-Up" Jurisdiction

Most bankruptcy lawyers might think that the dismissal of a bankruptcy proceeding and the revesting of the bankruptcy estate’s assets in the debtor bring an end to the bankruptcy court’s jurisdiction....more

Is Your Liquidated Damages Provision Sufficient to Make You Whole?

The obvious purpose of a liquidated damages provision is to make your client whole in the event that your business partner breaches the agreement. Nevertheless, K.G.M. Custom Homes. v. Prosky highlights that simply having a...more

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