News & Analysis as of

Fee Disputes

Porter Hedges LLP

Understanding the Texas Prompt Payment Act

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The construction industry is a cornerstone of Texas’s robust economy, and timely payments are critical for maintaining the health of this sector. To ensure that contractors, subcontractors, and suppliers are paid promptly for...more

Benesch

The FMC’s Final Rule on Detention and Demurrage Billing Requirements Takes Effect Despite Pending Litigation

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On February 26, 2024, the FMC issued its final rule on detention and demurrage billing requirements. On February 27, 2024, our team outlined the practical impact that the Final Rule will have in the article: “A Whole New...more

Holland & Knight LLP

Federal Maritime Commission Announces Demurrage and Detention Final Rule

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Following its Feb. 23, 2024, release of a pre-publication draft, the Federal Maritime Commission (FMC)'s Final Rule on Demurrage and Detention Billing Requirements (Final Rule) was published on Feb. 26, 2024, in the Federal...more

Manatt, Phelps & Phillips, LLP

Strengthening the No Surprises Act’s Independent Dispute Resolution Process: Stakeholder Perspectives

Executive Summary - This project was designed to collect a broad range of perspectives from stakeholders and the literature to (1) understand the current state of the implementation of the Independent Dispute Resolution...more

Hinshaw & Culbertson - Lawyers for the...

Florida Appellate Court Invalidates Arbitration Provision in Fee Agreement for Violating Florida Bar Rules

Labelle v. Berenson LLP, 2023 Fla. App. LEXIS 8693 - Brief Summary - In a legal malpractice action arising out of an underlying commercial dispute, Florida's Third District Court of Appeal reversed and remanded a trial...more

Constangy, Brooks, Smith & Prophete, LLP

The $3,000 tip: Is the employer stuck?

This would be a great law school problem. But you non-geeks, feel free to join in, too! The following is a true story. A man went to pizza restaurant in Scranton, Pennsylvania, and ordered a stromboli worth a little more...more

Hinshaw & Culbertson - Lawyers for the...

Florida Court Rules That Retainer Agreement Arbitration Provision is Enforceable and Severable From Agreement's Unenforceable Fee...

Lemos v. Sessa, No. 3D20-1362, 2021 Fla. App. LEXIS 4527 (Dist. Ct. App. Mar. 31, 2021) - Brief Summary A Florida appellate court held that plaintiff was required to arbitrate her claims against the attorney and her law...more

Wiley Rein LLP

Illinois Court Holds Fee Dispute Does Not Involve Professional Services

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An Illinois appellate court has held that an underlying action involving a fee dispute was not a claim involving professional services and was not covered under a professional liability policy.  RLI Ins. Co. v. Acclaim Res....more

Davis Wright Tremaine LLP

Best Practices for Merchants Managing COVID-19-Related Cardholder Disputes

Lightning never strikes twice, as the saying goes. But as many merchants are finding out these days, misfortune, in fact, strikes in threes. Not only has COVID-19 caused a substantial slowdown in the U.S. economy and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Regional Solid Waste Management Districts: Benton/Boston District Fee Dispute to be Appealed to the Arkansas Supreme...

The Arkansas Democrat Gazette reported in a November 15th article that the Benton County Regional Solid Waste Management District (“Benton District”) will petition the Arkansas Supreme Court to address a dispute with the...more

Carlton Fields

Florida Court Peels Away Deceptive Label, Increasing Exposure in Class Actions

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A recent class certification opinion may increase the risk of exposure and liability in class actions for businesses that impose fees using specific labels. In Waste Pro USA v. Vision Construction Ent., Inc., a Florida...more

Rumberger | Kirk

Failure To Warn: Fourth DCA Invalidates Entire Arbitration Provision For Failure To Satisfy Fee Dispute Rule

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In Owens v. Corrigan, the Fourth District Court of Appeal held that an arbitration provision in the parties’ retainer agreement was unenforceable under the Fee Arbitration Rule of the Rules Regulating the Florida Bar. ...more

Proskauer Rose LLP

Three Point Shot - September 2017

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On August 25th, 2017, in a convincing knockout, a federal judge in Los Angeles dismissed dozens of lawsuits against Manny Pacquiao and Floyd Mayweather alleging Pacquiao's concealed shoulder injury impacted the quality of...more

Carlton Fields

Court Vacates Arbitration Award Due To Evident Partiality Of Panel, But Parties Must Re-Arbitrate Matter Before Same Arbitral...

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In a dispute between the Washington Nationals, the Baltimore Orioles, and affiliated parties regarding the value of broadcasting rights for Nationals games, an appellate court has affirmed a trial court order vacating an...more

Carlton Fields

Second Circuit Summarily Affirms Denial Of Petition To Vacate Arbitration Award Based On Partiality Claim

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Late last month, the Second Circuit Court of Appeals summarily affirmed denial of a petition to vacate an arbitration award where a party was arguing that the arbitrator was biased. The case involved a dispute between an...more

Farella Braun + Martel LLP

Independent “Cumis” Counsel Now Face Direct Claims for Reimbursement From Insurers

On April 30, 2015, we blogged about Hartford Casualty Insurance Company v. J.R. Marketing, LLC, Case No. S211645, then set for oral argument in the California Supreme Court. [see the prior post: California’s “Independent”...more

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