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Prevailing Party Legal Costs

Morris James LLP

Defendants Are Awarded Additional Costs For Depositions And E-Discovery

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Robinson, J. Defendants’ motion to review taxation of costs is granted in part and denied in part. Delaware Local Rule 54.1 provides guidance as to how the court generally exercises it discretion to award costs. The...more

Morris James LLP

Court Awards Costs But Not Attorneys’ Fees

Morris James LLP on

Andrews, J. Defendant’s motion for costs and fees is granted as to costs and denied as to fees. Plaintiff filed an unopposed motion to dismiss after defendant’s suppliers had settled with plaintiff. Defendant moved for...more

Burr & Forman

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

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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

Fenwick & West LLP

Prevailing FEHA Defendant Not Entitled To Litigation Costs Unless Plaintiff’s Lawsuit Lacked Objective Basis

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The California Supreme Court in Williams v. Chino Valley Independent Fire District affirmed the asymmetrical nature of litigation costs awards in discrimination lawsuits under the California Fair Employment and Housing Act...more

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

Settlement Agreements: Forgetting Costs May Cost You in California

DeSaulles v. Community Hospital of the Monterey Peninsula, No. H038184 (May 2, 2014): A California Court of Appeal recently considered the issue of whether one of the parties in a litigation can be considered to be...more

Bradley Arant Boult Cummings LLP

’Tis the Season of Giving, Right?

We all think of December as the season of giving. Unfortunately, prevailing defendants in Title VII cases don’t always feel that way. Under Title VII of the Civil Rights Act of 1964, prevailing plaintiffs enjoy compensatory...more

Bradley Arant Boult Cummings LLP

Legislation Targeting Non-Practicing Entities (NPEs) Passes in House by Comfortable Margin

On Thursday, December 5, 2013, the U.S. House of Representatives approved the “Innovation Act” (H.R. 3309), a bill principally aimed at curtailing certain patent infringement litigation practices of non-practicing entities...more

Ballard Spahr LLP

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

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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 Arnstein & Lehr LLP

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

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

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