News & Analysis as of

Attorney's Fees Appellate Courts

Warner Norcross + Judd

How Solid is the Stipulated Order for Paying Litigation-related Attorney Fees from a Trust?

The Michigan Court of Appeals recently issued an interesting ruling regarding the ability of a litigant in probate litigation to recover attorney fees from the trust in dispute, even if all parties agree to such payment. In...more

Fox Rothschild LLP

When Discovery Goes Off Track, can a Pro Se Party Right the Course?

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When discovery goes so off the rails that a court declares a party “has stalled the progress” of a case, prejudiced its opponent and “wasted judicial resources,” there’s little doubt the sanctions sure to follow will be...more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts – March 2024

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The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions. ...more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts - February 2024

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The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more

Rosenberg Martin Greenberg LLP

Maryland Appellate Court Addresses Obligation of Tenant Shut Down By COVID Order To Pay Rent

Nearly four years after the depths of the COVID-19 pandemic, issues concerning the legal consequences of executive and legislative orders shutting down business operations are still working their way through appellate courts...more

Bradley Arant Boult Cummings LLP

The American Rule Stands? Appellate Court Remands for Prevailing Party to Segregate Between Recoverable and Non-Recoverable Fees

Another week, another fee-shifting case. This ones involves a 28-unit condo project in the Houston Heights neighborhood of Houston (see 2017 Yale Development, LLC v. Steadfast Funding, LLC, 2023 WL 3184028 (Tex. App. May 2,...more

Kerr Russell

The Value Of An Appeal

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Of course, each case must be analyzed based on its own facts, the strength of the legal positions, the amount of money at issue, and any long-term ramifications of the result. In addition, there are limited grounds for relief...more

Procopio, Cory, Hargreaves & Savitch LLP

California Appellate Court Invalidates the Ability to Obtain Default Interest on Loans That Have Not Matured

When a late fee is assessed upon the entire principal balance of the loan, is it invalid when the loan is not fully matured? This question, so important to lenders, has been addressed in California after the conclusion of...more

Cozen O'Connor

Texas Court of Appeals Nixes Plaintiff’s Attorney’s Fees Award Because Offsets Preclude Prevailing Party Status

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The First Court of Appeals in Houston affirmed an analysis that involved math and application of the Texas Insurance Code. In Jones v. Allstate Vehicle & Property Insurance Company, 2022 Tex. App. LEXIS 8896 (Tex....more

Cozen O'Connor

Texas Court of Appeals Adds Confusion to Post-Appraisal Litigation Under the TPPCA

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Ever since the Texas Supreme Court changed the landscape of Texas law regarding appraisal in Barbara Technologies Corp. v. State Farm Lloyds, 589 S.W.3d 806 (Tex. 2019) and Ortiz v. State Farm Lloyds, 589 S.W.3d 127 (Tex....more

McGlinchey Stafford

When does a plaintiff have a right to a jury trial under the CSPA? - McGlinchey Commercial Law Bulletin

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Fraudulent Transfer Act Allan v. Allan, 8th Dist. Cuyahoga Nos. 110177, 110179, 2022-Ohio-1488- In this appeal, the Eighth Appellate District reversed the trial court’s decision under the Fraudulent Transfer Act case to...more

Fox Rothschild LLP

Can You Pass Go with a Fee Award?

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Back in November, I wrote about the possibility of a fee award being immediately appealable if the amount in question is significant enough. In the latest batch of opinions from the Court of Appeals, that issue reared its...more

Butler Snow LLP

Employment Law and Attorney Fees from the Employee Perspective | Jason Smith | Texas Appellate Law Podcast

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Employment cases present unique challenges in both state and federal courts. Attorneys who practice in that area have to operate comfortably in both forums and understand some of the traps that less experienced practitioners...more

Lasher Holzapfel Sperry & Ebberson PLLC

Warning to Washington Corporations: Refusal to Engage and Assist Customers in a Valid Dispute May Prove Costly in Court

In February 2022, Washington’s Court of Appeals for Division III reached a decision awarding attorney’s fees and costs for prelitigation bad faith in a matter of first impression for Washington courts. In Dalton v. North...more

McGlinchey Stafford

What damages are recoverable for a loan servicer’s failure to completely respond to a Qualified Written Request? - The Bullet...

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Ohio- RESPA Actual Damages- Miller v. Bank of New York Mellon, 6th Cir. No. 21-1126, 2021 U.S. App. LEXIS 35755 (Dec. 1, 2021) In this appeal, the Sixth Circuit affirmed the district court’s dismissal of the borrower’s...more

Fox Rothschild LLP

Third Circuit Shoots Down Exorbitant Demand For Attorneys’ Fees Where Plaintiffs Win Only A Few Thousand Dollars: There Is Hope!

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A big part of defending any wage hour case and settling such a case is the issue of attorneys’ fees for the plaintiff’s lawyer. Plaintiff attorneys are always having grandiose notions of what they are entitled to and these...more

McDermott Will & Emery

Blame the Lawyer: In Exceptional Case, Plaintiff’s Attorney Liable for Court and Appellate Fees

The US Court of Appeals for the Federal Circuit affirmed an award of attorneys’ fees against a plaintiff and his counsel, and further granted defendants’ motion for appellate attorneys’ fees and double costs where plaintiff...more

Fox Rothschild LLP

Discovery Holes Can Be Escaped, But First: Stop Digging

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Discovery in a complex commercial case can feature its fair share of mayhem, particularly where it includes a large document production. Yet, where parties plan and execute information exchanges with reasonable diligence,...more

Jackson Lewis P.C.

Ambiguous Offer Of Judgment Cannot Support Attorney’s Fees Award, Georgia Court Of Appeals Holds

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An unaccepted offer of judgment that contains internal inconsistencies and ambiguities as to its scope is neither enforceable nor supports an award of attorney’s fees under Georgia’s Rule 68. Reversing a trial court’s...more

McGlinchey Stafford

The Bullet Point: An Ohio Commercial Law Bulletin: Do I Have An Enforceable Contract?

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Contract Interpretation McCruter v. Travelers Home & Marine Ins. Co., 11th Dist. Lake No. 2019-L-167, 2021-Ohio-472- In this appeal, the Eleventh Appellate District affirmed in part and reversed in part the lower court’s...more

Roetzel & Andress

Roetzel & Andress: 2020 Appellate Year In Review

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The Appellate Law Practice Group of Roetzel & Andress represented clients in a wide variety of cases in both state and federal courts, appealing adverse trial court rulings and successfully defending lower court victories on...more

Sheppard Mullin Richter & Hampton LLP

Illinois Appellate Court Upholds Sanctions Against Radio Advertiser For Bad Faith Trade Secrets Claims

The recent case of Multimedia Sales & Marketing, Inc. v. Marzullo, et al., — N.E.3d —-, 2020 IL App (1st) 191790 (1st Dist. Dec. 21, 2020), demonstrates the peril that attorney fees sanctions present for litigants who bring...more

Perkins Coie

CEQA Year in Review 2020

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A Summary of Published Appellate Opinions Involving the California Environmental Quality Act - Despite relatively few published opinions this year, there were significant appellate court rulings on a range of topics,...more

Jackson Lewis P.C.

Trial Court Properly Applied Rule 68 Offer Of Judgment And Reduced Attorney’s Fee Demand In FLSA Case, Eleventh Circuit Concludes

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The plaintiff sought more than $12,000 in unpaid wages on his FLSA claims, rejected the defendant employer’s Rule 68 offer of judgment of $3,500 on those claims, and then was awarded only $97.20 plus an equal amount of...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: In Rem and Out of Time

This week, the Ninth Circuit creates a potential circuit split on personal jurisdiction in in rem proceedings, and clarifies whether a post-judgment motion for attorneys’ fees extends the time to appeal (spoiler alert: it...more

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