News & Analysis as of

American Rule

Esquire Deposition Solutions, LLC

Taxation of Deposition-Related Costs in Federal Courts

As litigators know, the United States follows the so-called “American Rule” when apportioning the costs of litigation. Unless a statute specifically provides otherwise, parties in court are responsible for their own...more

Esquire Deposition Solutions, LLC

Lawyer Who Insisted Deposition Be Conducted In-Person Hit With Opposing Attorney’s Fees

At a time when remote depositions are commonplace, litigators weigh any number of factors when deciding whether a deposition should be conducted in-person or remotely. Does the case turn on the credibility of the witness, and...more

Cozen O'Connor

A Third Party in New Jersey May be Unable to Avoid Fee Awards Under an Exception to the American Rule

Cozen O'Connor on

As a cautionary tale, in Accounteks.Net, Inc. v. CKR Law, LLP, and Christian Montes, the New Jersey Appellate Court ruled on May 9, 2023, that, under an exception to the American Rule, a third party can be liable for...more

Bradley Arant Boult Cummings LLP

The American Rule Doesn’t Stand: Contractor Uses Offer of Judgment to Recover Attorneys’ Fees in Retention Dispute

Last week we saw the Menard court reject the use of an indemnity clause to shift fees in a dispute between contracting parties. This week, a very recent decision from Nevada highlights another creative way to shift fees where...more

Bradley Arant Boult Cummings LLP

The American Rule Stands: Court Rejects Fee-Shifting Under Indemnity Clause

The “American Rule” on attorneys’ fees is that each party pays its own lawyers, even if you win. As with almost any rule, there are exceptions. Sometimes there is a statute that requires the losing party to pay the prevailing...more

Roetzel & Andress

2022 Bill in Ohio House That Could Dramatically Change Eminent Domain Law Reintroduced in 2023

Roetzel & Andress on

Update: We previously published the alert below regarding House Bill (“HB”) 698 in the 134th Ohio General Assembly, which proposed numerous changes to Ohio’s eminent domain statutes that would be favorable to property owners,...more

Morris James LLP

Court of Chancery Awards Plaintiffs Attorneys’ Fees and Costs in Section 225 Action for Obtaining a Substantial Benefit for the...

Morris James LLP on

Totta v. CCSB, LLC, C.A. No. 2021-0173-KSJM (Del. Ch. Nov. 3, 2022) - Delaware follows the “American Rule”: each party bears its own legal fees and expenses. However, there are certain exceptions. This includes the...more

Butler Weihmuller Katz Craig LLP

In South Carolina, Insurers Owe Fees for Losing a First Party DJ? – It’s Un-American!

Bottom Line, Up-Front - A recent South Carolina federal district court ruling interprets South Carolina law in a new and potentially dangerous way – by allowing for an award of attorney’s fees against a property insurer...more

Houston Harbaugh, P.C.

Pore Space Ownership: The North Dakota Supreme Court Issues Landmark Decision

Houston Harbaugh, P.C. on

Let’s assume you own a 93-acre farm in Tioga County. In 1986 your grandfather sold the oil and gas rights to his neighbor, John Mize. In the early 1990’s, Mr. Mize signed an oil and gas lease with XYZ Drilling. Several years...more

Burns & Levinson LLP

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

Burns & Levinson LLP on

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

Roetzel & Andress

New Bill in Ohio House Could Dramatically Change Eminent Domain Law

Roetzel & Andress on

On June 7, 2022, House Bill 698 was introduced in the Ohio House of Representatives. The Bill would amend Ohio’s eminent domain law, Ohio Revised Code Chapter 163, in numerous ways that are favorable to property owners and...more

Moritt Hock & Hamroff LLP

The Price of Principle

As mediators, we encounter a lot of reasons why people choose not to settle a matter. One that we hear from time to time is that it is the principle of the matter that is the impediment to negotiation. A party cannot or will...more

Miller Nash LLP

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

Miller Nash LLP on

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

Farrell Fritz, P.C.

The Answer is Almost Always No

Farrell Fritz, P.C. on

Following up on the question posed in a post from a few years ago: when clients ask whether they can “sue for legal fees,” the courts continue to reiterate that the answer is almost always no; that the American Rule still...more

McDermott Will & Emery

Update: Absent Explicit Statutory Language? The American Rule Still Applies

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit updated its earlier opinion to remove language ascribing motive to a prolific inventor’s actions before the US Patent & Trademark Office (PTO). Hyatt v. Hirshfeld, Case Nos....more

JAMS

Recovering Attorney Fees in Arbitration

JAMS on

An accurate assessment of damages is critical for case evaluation, and the cost of dispute resolution plays an important role in deciding to pursue claims. Even strong liability cases can fail to make economic sense. That is...more

McDermott Will & Emery

Absent Explicit Statutory Language? The American Rule Still Applies

The US Court of Appeals for the Federal Circuit vacated a district court’s award of attorney’s fees under the prevailing party rule but affirmed the district court’s denial of the US Patent & Trademark Office’s (PTO) request...more

WilmerHale

CAFC Patent Cases - August 2021 #2

WilmerHale on

Precedential Federal Circuit Opinions - SEABED GEOSOLUTIONS (US) INC. v. MAGSEIS FF LLC [OPINION] (2020-1237, August 11, 2021) (MOORE, LINN and CHEN) - Moore, Chief Judge. Vacating final written decision of the Patent...more

Freeman Law

Recovery of Attorney Fees under “Chapter 38” in Texas

Freeman Law on

Under the “American rule,” litigants on each side generally pay their separate legal fees associated with a lawsuit.  This is generally so even if one party prevails on the merits of his or her claim or claims.  Texas follows...more

Knobbe Martens

“All the Expenses” Does Not Mean All: PTO Denied Its Expert Witness Fees

Knobbe Martens on

HYATT v. HIRSHFELD - Before Moore, Reyna, and Hughes.  Appeals from the United States District Court for the District of Columbia....more

Lasher Holzapfel Sperry & Ebberson PLLC

Who Pays For Attorneys Fees In Litigation?

One of the first questions asked of me by clients when considering litigation is, “Can I make the other side pay for my attorney’s fees?” In Washington State, the answer to that question is generally no. This is referred to...more

Freeman Law

Bankruptcy in the Northern District of Texas and Attorneys’ Fees

Freeman Law on

In re Shayne Allan Steen and Tracie Melissa Cole, Case No. 20-50042 (Bankr. N.D. Tex, July 7, 2021) deals with a debtor’s attorneys’ fees incurred in defending the debtor in a non-dischargeability adversary proceeding filed...more

Sands Anderson PC

Breach of a Covenant Not to Sue to Entail Liability for Attorney’s Fees

Sands Anderson PC on

The decision for prospective litigants to bring and defend lawsuits can be difficult to navigate given the uncertainty of costs, especially attorney’s fees. Contrary to popular assumption, in Virginia, the general rule for...more

Rosenberg Martin Greenberg LLP

Wheeling v. Selene Finance, LP: The Safe Harbor for Landlords Conducting Self-Help Evictions In Maryland Is Not So Safe After All

In an April 30, 2021 opinion, Maryland highest court, the Court of Appeals, largely reversed a decision of the Court of Special Appeals. The Court of Appeals held that: (a) posting a notice under Section 7-113 of Maryland’s...more

Holland & Knight LLP

Landlords Beware: Bankruptcy Court Litigation Could Come at a Cost

Holland & Knight LLP on

Those who lease commercial property may find themselves unwilling participants in complex proceedings before the U.S. bankruptcy courts when a tenant files bankruptcy. Meanwhile, the lease becomes an asset among the "property...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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