Fee-Shifting Statutes

State high court to hear settlement offer fee-shifting arguments

by Gary Watt | Archer Norris PLC on 5/15/2013

If a plaintiff makes a reasonable settlement offer, and it expires by operation of law, and then makes a second offer, does the latter extinguish the first for purpose of cost shifting provisions of section 998 sub-divison?...more

Fifth Circuit: No Fee Shifting For Title VII Mixed-Motive Retaliation Claims

by Jonathan Hershberg, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 4/18/2013

On April 3, 2013, the Fifth Circuit affirmed a ruling from the U.S. District Court for the Northern District of Texas that a plaintiff was not entitled to attorney’s fees and costs under Title VII (42 U.S.C. § 2000 e-5(g))...more

Another California Court Awards Attorneys' Fees in Bad-Faith Trade Secret and Patent Inventorship Lawsuit

by Wilson Sonsini Goodrich & Rosati on 2/26/2013

Earlier this month, the U.S. District Court for the Southern District of California awarded more than $11 million in attorneys' fees and costs to three trade secret defendants, finding that plaintiffs who had raised a claim...more

Proposals For Settlement: How To Draft Ones That Will Stick And How To Deal With Them When They Land On Your Desk

by Ellen Koehler Lyons, Gary M. Pappas | Carlton Fields on 12/19/2012

In This Presentation: - Offer of Judgment Statutes - 768.79 Offers - Rule 1.442 - What does an OJ include? - Shifting Defendant’s Fees - 768.79 Language - Shifting Plaintiff’s Fees - Subsequent Offers -...more

Ohio's Standard for Malicious Litigation Sounds Familiar

by Kenneth Vanko | Clingen Callow & McLean, LLC on 9/27/2012

I rely entirely on John Marsh of Hahn Loeser to provide details on one of the year's most important competition cases, American Chemical Society v. Leadscope. For this post, the holding is relevant in that it establishes - at...more

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State high court to hear settlement offer fee-shifting arguments

Fifth Circuit: No Fee Shifting For Title VII Mixed-Motive Retaliation Claims

Another California Court Awards Attorneys' Fees in Bad-Faith Trade Secret and Patent Inventorship Lawsuit

Proposals For Settlement: How To Draft Ones That Will Stick And How To Deal With Them When They Land On Your Desk

Ohio's Standard for Malicious Litigation Sounds Familiar

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