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Prevailing Party Attorney's Fees

Esquire Deposition Solutions, LLC

Modest $120 Award Created Right to Recover Deposition Costs

We’ve written frequently on ways that parties can recover their costs of suit — particularly deposition-related costs — at the conclusion of civil litigation. Costs related to deposition transcripts used at trial, deposition...more

McDermott Will & Emery

Go Home: No “Prevailing Party” Status After Voluntary Dismissal Without Prejudice

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The US Court of Appeals for the Eleventh Circuit affirmed a district court’s ruling that a copyright holder’s voluntary dismissal of its claims did not render the defendant a prevailing party entitled to attorneys’ fees under...more

Farrell Fritz, P.C.

“Prevailing Party” Attorneys’ Fee Provisions

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Contracts with “prevailing party” provisions offer the tantalizing, coveted prospect of the winner recovering attorneys’ fees from the loser in legal disputes over the contract’s enforcement....more

Dorsey & Whitney LLP

The Supreme Court Update - April 22, 2024

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Today, the Supreme Court of the United States granted certiorari in two cases: Garland v. VanDerStok, No. 23-852: This administrative law and statutory interpretation case concerns the federal government’s ability to...more

Lowndes

Will Recorded Covenants Hold and Remain Binding on Successors in Title to Real Property? A Pivotal Certified Question Heads to the...

Lowndes on

Breaking news from the United States Court of Appeals for the Eleventh Circuit involving the case of RJ's International Trading, LLC vs. Crown Castle South, LLC. The court has certified a pivotal question to the Florida...more

Farrell Fritz, P.C.

Two Cases. Two Mammoth Fee Awards. Coup de Grâce or Pyrrhic Victory?

Farrell Fritz, P.C. on

Under a common-law doctrine successful litigants love to hate – the “American Rule” – a party to litigation cannot recover its legal fees unless a contract, statute, or court rule expressly authorizes fee-shifting to the...more

Vondran Legal

Arizona Breach of Contract Attorney Fees 12-341.01

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A.R.S. 12-341.01 TEXT OF THE LAW - A. In any contested action arising out of a contract, express or implied, the court may award the successful party reasonable attorney fees. If a written settlement offer is rejected and...more

Pierce Atwood LLP

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

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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

Sheppard Mullin Richter & Hampton LLP

United Cannabis Corporation v. Pure Hemp Collective Inc.

This case addresses whether attorney’s fees are warranted due to an inequitable conduct and conflict of interest defense. Background - UCANN filed suit in the District of Colorado in July 2018, accusing Pure Hemp of...more

Fuerst Ittleman David & Joseph

Florida Litigation Procedure Update: Third DCA Clarifies Key Aspects of § 57.105

In AT&T Mobility, LLC v. Rigney, 3D21-2261 (Fla. 3d DCA Sept. 6, 2023), Florida’s Third District Court of Appeal reviewed the denial of two motions for sanctions under section 57.105, Florida Statutes. In its ruling, the...more

Troutman Pepper

Fourth Circuit Now Permits Awarding Attorney’s Fees for Some Preliminary Injunctions, Bucking Precedent

Troutman Pepper on

Plaintiffs who secure a preliminary injunction may now be able to recover attorney’s fees in the Eastern District of Virginia, due to the Fourth Circuit’s departure from its previous position that such plaintiffs are not...more

McDermott Will & Emery

Change in Law Leading to Case Dismissal Doesn’t Preclude Attorneys’ Fees

McDermott Will & Emery on

Addressing the symmetrical fee-shifting provision of the Copyright Act and whether a prevailing defendant was entitled to fees even when the plaintiff moved to dismiss the case in response to a change in law, the US Court of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Federal Judge Says Prevailing BIPA Defendants Must Show Bad Faith for Attorneys’ Fees

An Illinois federal court recently rejected an online eyewear retailer’s request for attorneys’ fees as the prevailing party in a Biometric Information Privacy Act (BIPA or Privacy Act) class action over its virtual try-on...more

Vondran Legal

Arizona trade secret law

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Most states have a law that protects trade secrets. California, for example, has CUTSA (California Uniform Trade Secret Act). Arizona has the Arizona Uniform Trade Secrets Act ("AUTSA") found in chapter 4 of title 44 of the...more

Lowndes

Florida Senate Bill No. 540 Brings Changes to Comprehensive Plan Challenges and Cost Recovery for Developers

Lowndes on

On May 24, 2023, Governor DeSantis approved Florida Senate Bill No. 540. The bill, which will go into effect on July 1, 2023, provides that the prevailing party in a challenge to a comprehensive plan amendment is entitled to...more

Weintraub Tobin

Attorney Fees Denied Due to Lack of Support in Cannabis Litigation Record

Weintraub Tobin on

In 2018, United Cannabis Corporation (“UCANN”) sued Pure Hemp Collective (“Pure Hemp”) for infringement of U.S. Patent No. 9,730,911 (the “‘911 patent”), entitled “Cannabis Extracts and Methods of Preparing and Using the...more

Robinson+Cole Construction Law Zone

A Prevailing Party Provision Should Define What It Means to Prevail

A typical prevailing party contract provision allows the prevailing party in litigation or arbitration to recover their attorney’s fees from the other party. It is an attractive provision when negotiating a construction...more

Bond Schoeneck & King PLLC

Considerations for the Shifting of Attorney’s Fees Associated with Unsuccessful Claims

One of the questions often asked when a client is either considering bringing a lawsuit or when they are on the receiving end of a lawsuit is whether they can recover their attorney’s fees and costs if they win. While...more

Morgan Lewis - Power & Pipes

Real-World Litigation Impacts of Clauses in Energy Contracts: Defining the Prevailing Party

When the term “prevailing party” is not carefully defined, it can lead to a result where your company or client is left without the possibility of recovering attorney’s fees or having to pay the other side’s attorney’s fees....more

McDermott Will & Emery

Play It Again and Again (Sam): Meanwhile No Injunction, No Fees

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In its third opportunity to review the district court’s decision in this trade secret case involving flooring, the US Court of Appeals for the Eleventh Circuit again reversed, this time vacating a permanent injunction and an...more

Jones Day

Section 285 Did Not Allow For IPR Fees

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The Patent Act provides that “[t]he court in exceptional cases may award reasonable attorney fees to the prevailing party.” 35 U.S.C. § 285. In a recent denial of a motion for attorney fees pursuant to § 285, an Ohio...more

Burns & Levinson LLP

Will Your Right to Indemnification Get You Your Attorneys’ Fees?

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Under the so-called “American Rule,” a party that prevails in litigation typically is not entitled to recover the costs, expenses and legal fees it has to expend to secure a judgment in its favor. As such, many business...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Flushing Out Prevailing Party Clauses

Dear YouDig?, We just went through a ridiculous three-year odyssey with our commercial plumbing contractor on a 250 unit housing development. Plumber failed in designing its work, installing its work and, even when asked...more

Miller Nash LLP

Bank Liable for Attorneys’ Fees for “Prelitigation Bad Faith” Says Washington Court of Appeals

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In a recent decision, the Washington Court of Appeals established a new equitable exception to the American rule for attorneys’ fees, which generally denies an award of fees and costs to a prevailing party absent a...more

Vinson & Elkins LLP

Illinois Non-Competes: Is Two Years of Employment Required?

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Can an employee working for an Illinois company bust their non-compete by resigning after 1 year and 364 days of employment? The new year brought with it an attempt by the State of Illinois to resolve that question with a...more

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