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Prevailing Party

News & Analysis as of May 19, 2013

Sedgwick LLP

Prevailing Party Fees are Not Recoverable in Cases Arising Under Admiralty Jurisdiction

by Charles Davant | Sedgwick LLP on 3/25/2013

Insurers with marine risks in Florida should be wary of an evolving conflict among Florida’s lower appellate courts regarding the applicability of Florida’s Offer of Judgment Statute (ch. 768.79) to claims governed by...more

Ballard Spahr LLP

Prevailing Defendant Can Recover Costs in FDCPA Suit Not Filed in Bad Faith, Supreme Court Rules

by John L. Culhane, Jr., Stefanie Jackman, Alan S. Kaplinsky, Heather Klein, Glen Trudel, Christopher J. Willis | Ballard Spahr LLP on 3/1/2013

A prevailing defendant in a Fair Debt Collection Practices Act (FDCPA) case can recover costs even without a court finding that the plaintiff filed suit in bad faith and for the purpose of harassment, the U.S. Supreme Court...more

Saul Ewing LLP

Supreme Court Upholds Prevailing Debt Collectors' Right to Obtain Litigation Costs from Plaintiffs Under the Fair Debt Collection...

by Francis X. Riley, III, Michael Rowan | Saul Ewing LLP on 2/28/2013

In Marx v. General Revenue Corp., decided on February 26, 2013, the United States Supreme Court, by a margin of 7-2, held that a debt collector sued by a borrower under the Fair Debt Collection Practices Act ("FDCPA") may...more

Archer Norris PLC

High court set to examine prevailing party attorney fees

by Gary Watt | Archer Norris PLC on 2/25/2013

Originally published in The Daily Journal on 2/6/13. Last month, the state Supreme Court granted review of the question, “Is the party who obtains the dismissal of a contract action entirely on procedural grounds...more

Barger & Wolen

Property Owners Are Entitled To Fee Award Arising From Invalid Claims Made By Homeowners Association

by David J. McMahon | Barger & Wolen on 2/14/2013

In Grossman v. Park Fort Washington Association, 2013 DAR 747 (2013), the California Court of Appeal for the Fifth Appellate District decided an interesting fee case arising out of a dispute between property owners and a...more

Barger & Wolen

Prevailing Party Attorney Fee Award Is Granted Based On Successful Affirmative Defense Raised In Answer

by David J. McMahon | Barger & Wolen on 2/12/2013

In Windsor Pacific LLC v. Samwood Co. Inc., 2013 DJDAR 1292 (2013), the California Court of Appeal for the Second Appellate District decided a novel attorney fee issue arising out of hotly contested litigation, pertaining to...more

Archer Norris PLC

Fee Awards in Contract Actions

by Archer Norris PLC on 2/11/2013

The California Supreme Court is reviewing the following question: "Is a party who obtains the dismissal of a contract action entirely on procedural grounds entitled to an award of attorney fees under Civil Code section 1717...more

Fuerst Ittleman David & Joseph, PL

Diamond Aircraft Piloting a Change in Floridas Attorneys Fees Law

by Fuerst Ittleman David & Joseph, PL on 1/14/2013

In Florida, in the absence of a written “prevailing party” clause in a contract or another such contractual basis for fees, prevailing civil litigants generally may recover their attorneys fees from non-prevailing parties...more

Barger & Wolen

The Lack Of An Enforceable Contract Does Not Require Denial Of Attorney Fees Claim

by David J. McMahon | Barger & Wolen on 12/13/2012

In Douglas E. Barnhart Inc. v. CMC Fabricators Inc., 2012 DJDAR 15717 (2012), the California Court of Appeal for the Fourth Appellate District decided a unique and interesting claim for attorney fees arising from the alleged...more

Sedgwick LLP

Changes on the Horizon in Texas Civil Procedure

by S. Vance Wittie | Sedgwick LLP on 11/4/2012

The Texas Supreme Court has adopted several rule changes that significantly affect civil litigation. New Rule 91a permits the filing of a motion to dismiss an action that lacks a basis in law or fact....more

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