News & Analysis as of

Prevailing Party Business Litigation

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

Bilzin Sumberg

Florida State Courts Limit Parties’ Abilities to Recover Attorneys’ Fees

Bilzin Sumberg on

In a pair of recent decisions, Florida state courts reined in multiple statutes that allow for the recovery of attorneys’ fees. In one decision, the Florida Supreme Court adopted a relatively narrow reading of Florida’s...more

Patton Sullivan Brodehl LLP

A Dissolved LLC Can Still Recover Attorney Fees

An LLC Jungle post from last year addressed the issue of whether derivative claims can be pursued for a dissolved LLC.  See: Can Derivative Claims be Pursued for a Dissolved or Cancelled LLC?  The short answer is “yes.”...more

Roetzel & Andress

Roetzel & Andress: 2020 Appellate Year In Review

Roetzel & Andress on

The Appellate Law Practice Group of Roetzel & Andress represented clients in a wide variety of cases in both state and federal courts, appealing adverse trial court rulings and successfully defending lower court victories on...more

Morris James LLP

Court Of Chancery Limits Cost Recovery Following Successful Appeal

Morris James LLP on

This decision explains what “costs” are recoverable under Court of Chancery Rule 54 following a successful appeal. While the amounts involved normally do not merit much discussion, the cost of bond for an appeal can be...more

Burr & Forman

Can I Get My Legal Fees Back for Having to Defend This Case?

Burr & Forman on

One of the most common questions I get from my clients is whether they can recover their legal expenses for having to defend a meritless case. The short answer is that in most cases, no. That may seem unfair, especially...more

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