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Attorney's Fees › Breach of Contract › Settlement

Pierce Atwood LLP

There’s No Tying in Litigation - Factors to Determine the Winner for Fee Shifting Provisions

Pierce Atwood LLP on

Deciding whether to include a prevailing party attorneys’ fee provision in a contract is important, as doing so has significant risk and cost implications of litigation. Prevailing party provisions foster dispute...more

Snell & Wilmer

The Implications of California’s Departure From Judgments by Confession

Snell & Wilmer on

Traditionally, California permitted judgments by confession are subject to certain limitations, such as requiring an independent attorney to examine the proposal and advise the debtor on the waiver of rights and defenses. As...more

BCLP

Settlement and Breach of Contract: Key Takeaways from Parkway

BCLP on

This case concerns a company (“U.S. Home”) entering into a contract to purchase land from a limited liability company (“Purchase Agreement”) solely owned by two brothers (“Sellers”). On the same day of the purchase, U.S. Home...more

Hinshaw & Culbertson LLP

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

Hinshaw & Culbertson LLP on

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

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