News & Analysis as of

Prevailing Party Attorney's Fees

EEOC Ordered To Pay $1.9 Million For Frivolous Claims Against Trucking Company

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In the latest chapter of the ongoing legal battle between the EEOC and delivery company CRST Van Expedited regarding the agency’s sexual harassment claims, a federal district court ordered the EEOC to pay...more

Attorney Fee Shuffle - The Arizona Supreme Court has Imported the Fee Shifting Provision of A.R.S. § 12-341.01(A) Into Private,...

by Jaburg Wilk on

Unlike many states, Arizona has long provided for the recovery of attorney fees, albeit on a discretionary basis, in contested contract disputes. See A.R.S. § 12-341.01(A). The Arizona legislature made clear, however, that...more

New Light on Legal Fees in Stay-Put Battle

by Barley Snyder on

Parents of students attending a private school as a pendent placement during “stay- put” have been entitled to receive tuition reimbursement through the end of the appeals process. Now, according to the Third Circuit Court...more

Sharply-Divided Washington Supreme Court Holds That Sureties, Like Insurers, Must Pay Attorney Fees to Prevailing Parties When...

by Pepper Hamilton LLP on

King Cnty. v. Vinci Constr. Grands Projets/Parsons RCI/ Frontier-Kemper, JV, No. 92744-8, 2017 Wash. LEXIS 743 (July 6, 2017) - King County contracted with three construction firms (collectively, “VPFK”) to construct a...more

Prevailing HOAs Not Entitled to Attorneys’ Fees in Enforcement Actions Brought Under Davis-Stirling

In Retzloff v. Moulton Parkway Residents’ Ass’n, (2017) Cal. App. LEXIS 727, the Fourth District Court of Appeal considered the novel question of whether attorneys’ fees can be included as part of the cost award to a...more

Arizona Supreme Court Confirms a Prevailing Homeowner Can Recover Fees on Implied Warranty Claims

by Snell & Wilmer on

On August 9th, in Sirrah Enterprises, L.L.C. v. Wunderlich, the Arizona Supreme Court settled the question about recovery of attorneys’ fees after prevailing on implied warranty claims against a residential contractor. The...more

Petitioner is Prevailing Party Entitled to Attorney Fees Where Undisputed Evidence Proves that Writ Petition Motivated City to...

by Miller Starr Regalia on

The California Public Records Act provides for public inspection of records maintained by state and local agencies and declares that “access to information concerning the conduct of the people’s business is a fundamental and...more

Under The Public Records Act, A Losing Party May Be The Prevailing Party

by Allen Matkins on

When the California legislature enacted the Public Records Act, it declared “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state”. Gov’t...more

Attorney’s Fees As Damages For Breach Of Contract? A Jury Must Decide

by Weintraub Tobin on

Often times, contracts contain attorney’s fee provisions. These terms allow the prevailing party in any action to enforce the contract to recover its attorney’s fees. Under California Code of Civil Procedure section 1717,...more

A Prevailing Party May Now Recover Attorney’s Fees in a Vested Rights Dispute

by Jackson Walker on

Chapter 245 of the Texas Local Government Code (the “Vested Rights Statute”), provides a regulatory scheme in which developers and the public may rely upon regulations of a regulatory agency in effect at the time an initial...more

Does Your 998 Offer to Compromise Include Attorneys’ Fees and Costs?

by Snell & Wilmer on

In California, the “prevailing party” in litigation is generally entitled to recover its costs as a matter of law. See Cal. Code Civ. Proc. § 1032. But under California Code of Civil Procedure section 998, a party may make a...more

Client Alert: Lease Drafting: Recover All Your Attorney Fees and Costs in an Eviction Action

As every landlord who’s successfully evicted a tenant knows, recovering all your attorney fees and litigation costs from the tenant often proves to be an unrealistic goal. Even with a creditworthy tenant or guarantor, there...more

When Is a Successful Protester Not a “Prevailing Party”? - Agency’s decision to take corrective action in a bid protest at the...

In a unanimous decision issued by the U.S. Court of Appeals for the Federal Circuit on May 1, 2017, the Court held that an otherwise successful protester could not recover its attorney’s fees under the Equal Access to Justice...more

Dismissal Based On Forum Non Conveniens Does Not Trigger Fee Shifting

by Allen Matkins on

California generally follows the “American Rule” with respect to attorney’s fees. Trope v. Katz, 11 Cal.4th 274, 278 (1995). Under the American Rule each party to a lawsuit must ordinarily pay his own attorney’s fees. A...more

District Court Does Not Have Unlimited Discretion in Assessing Reasonable Attorneys’ Fees

by McDermott Will & Emery on

Addressing attorneys’ fees in the context of a breach of contract claim, the US Court of Appeals for the 11th Circuit reversed the district court’s limited award of attorneys’ fees, finding the award inconsistent with the...more

Voluntary Dismissal of Contract Claims Leads to Involuntary Payment of Attorneys’ Fees

by Selman Breitman LLP on

Recently, in Khan v. Shim, No. H041608 (Cal. Ct. App. Dec. 29, 2016) (“Khan”), the California Court of Appeal held where a plaintiff voluntarily dismisses an action involving contract and tort claims, Civil Code section 1717,...more

Court Finds No Occurrence for Installation of Defective flooring and Explains Coverage for Attorney Fee Awards

In Navigators Specialty Ins. Co. v. Moorefield Const. (No.G050759, filed 12/27/16), a California appeals court held that the knowing installation of flooring over a vapor-emitting slab was not an accident or occurrence,...more

Ninth Circuit Retires Fee-Award Standard, Imports Octane Fitness to Trademark Cases

This week, the U.S. Court of Appeals for the Ninth Circuit joined a majority of appellate courts that have rejected rigid tests for attorneys’-fees awards in favor of flexible discretion at the district court level. The...more

Ninth Circuit Extends Octane Fitness Attorneys’ Fee Analysis To Lanham Act Cases

In the 2014 case of Octane Fitness, LLC v. Icon Health & Fitness, Inc. (and a companion case), the Supreme Court articulated a standard for courts to use when deciding whether to award attorneys’ fees in patent cases. As we...more

The 9th Circuit Injects Some “Octane” into the Lanham Act Attorneys’ Fee Provision

by Dorsey & Whitney LLP on

In the immortal words of the most recent Nobel Laureate in literature, “the times they are a changin.’” Section 35(a) of the Lanham Act provides that “[t]he court in exceptional cases may award reasonable attorney fees to...more

Litigation Alert: Ninth Circuit Adopts Broader Octane Fitness Standard for Attorneys’ Fees Awards under the Lanham Act

by Fenwick & West LLP on

On October 24, 2016, the U.S. Court of Appeals for the Ninth Circuit after an en banc rehearing in Sunearth, Inc. v. Sun Earth Solar Power Co., LTD., adopted the Octane Fitness standard for determining whether a case is...more

Octane Fitness and Highmark Apply to Ninth Circuit Attorney Fee Awards under the Lanham Act

by Snell & Wilmer on

On October 24, 2016, the Ninth Circuit Court of Appeals, sitting en banc, held that district courts analyzing a request for attorney fees under the Lanham Act should consider the totality of the circumstances, as set forth in...more

Significant Change in Award of Attorneys’ Fees in Idaho Coming in 2017

by Perkins Coie on

On March 1, 2017, the standard for awarding attorneys’ fees in civil actions under Idaho Code § 12-121 will change significantly to allow attorneys’ fees in all civil actions “when justice so requires.” Hoffer v. Shappard,...more

New EAJA Decision in the DC Circuit

The Equal Access to Justice Act (EAJA) directs a court to award fees and other expenses to prevailing party in a civil action against the United States unless the government’s position was substantially justified or special...more

The Supreme Court Clarifies Standard For Attorney Fee Awards In Copyright Cases

by Buchalter on

Copyright infringement litigation has been on the rise in recent years, particularly in the Central District of California, with the apparel industry feeling the brunt of this uptick. In a typical case, a plaintiff alleges...more

112 Results
|
View per page
Page: of 5
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.