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Attorney's Fees

Carlton Fields

Tenth Circuit Affirms Statutory Disclosure Penalty for Insurer Who Failed to Produce Copies of Automotive Policies for Vehicles...

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In Fogel v. Shelter Mutual Insurance Co., the Tenth Circuit Court of Appeals affirmed a summary judgment ruling finding that an insurer violated Colorado’s statutory insurance disclosure law by responding to a policy...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - June 2026

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This month’s Friday Five explores the linear relationship between the information that must be exchanged between a claimant and a claims administrator and a court’s subsequent determination of a dispute between the two. The...more

Lathrop GPM

Subway Obtains Judgment Against Franchisee and Attorneys’ Fees in Lease Dispute

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The Appellate Division of the New Jersey Superior Court recently affirmed summary judgment in favor of Subway, holding that a former franchisee was required to reimburse Subway for a settlement payment in a lease dispute,...more

Morris James LLP

What Percentage Do Personal Injury Lawyers Take?

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If you’ve been injured and are considering hiring a lawyer, one of your first questions is probably: what is this going to cost me? It’s an important question, and the answer may be more straightforward than you expect....more

McDermott Will & Schulte

Invalidity alone does not render a case exceptional

Addressing fee shifting under 35 U.S.C. § 285 and sanctions under 28 U.S.C. § 1927, the US Court of Appeals for the Federal Circuit affirmed in part and reversed in part a judgment dismissing a patent infringement complaint...more

Seyfarth Shaw LLP

Missouri Passes Law to Deter “Abusive” Website Litigation

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Missouri lawmakers provide Missouri residents and the Missouri Attorney General with a new tool to combat abusive website accessibility lawsuits, effective August 28, 2026. ...more

Foley Hoag LLP

Students May Sue Professors Individually for Sexual Harassment Under Massachusetts Law

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Key Takeaways: The Massachusetts Supreme Judicial Court held in Sabatini v. Knouse that a student sexually harassed in an academic setting may sue the individual perpetrator directly under G. L. c. 214, § 1C, not just...more

Bradley Arant Boult Cummings LLP

Wrong Is Not Weak: The Federal Circuit Reins In Fee Shifting After IPR

In mCom IP, LLC v. City National Bank of Florida, the Federal Circuit reversed an award of attorneys’ fees under 35 U.S.C. § 285 against the patent owner and sanctions under 28 U.S.C. § 1927 against its counsel, holding that...more

Fisher Phillips

Employer Playbook for Attacking AI Use in Pro Se Litigation: A Roundup of Recent Court Sanctions Against ChatGPT Plaintiffs

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Pro se litigants are increasingly using GenAI tools like ChatGPT, Claude, Perplexity, Gemini, or CoPilot to file and maintain lawsuits against their employers – and corporate counsel and defense attorneys need new tools to...more

Foley Hoag LLP

The DTSA Turns Ten: What a Decade of Litigation Tells Us

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May 11, 2026 marks the tenth anniversary of the Defend Trade Secrets Act. The DTSA created a federal civil cause of action for trade secret misappropriation, giving companies across the country a powerful new tool to protect...more

Miller Starr Regalia

First District Upholds Joint-and-Several Attorneys’ Fees Award Against Intervenor Trade Associations That Actively Participated In...

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Parties intervening in a CEQA case and actively litigating to defend the agency’s challenged decision in order to protect a direct and immediate interest are subject to being held jointly and severally liable for a successful...more

Carlton Fields

Florida Appeals Court Decisions Week of April 27 - May 1, 2026

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U.S. Eleventh Circuit Court of Appeals - USA v. Blair - Sixth Amendment, invasion of counsel, cell phone evidence, character evidence...more

Hendershot Cowart P.C.

Trade Secret Damages in Texas: How Courts Calculate What You Can Recover

If someone has stolen or misappropriated your trade secrets, you have more than a legal claim – you have a right to recover what that theft cost you. Under the Texas Uniform Trade Secrets Act (TUTSA), Texas businesses can...more

Troutman Pepper Locke

California Intervenor Reforms Move to Final Review as CDI Submits Proposition 103 Rulemaking

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On April 20, 2026, the California Department of Insurance (CDI) announced that it has submitted its Intervenor and Administrative Hearing Bureau Fairness and Accountability rulemaking package to the Office of Administrative...more

Offit Kurman

When Small Disputes Become Big Lawsuits — and How to Avoid Them

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Lawsuits don’t just appear out of thin air. They begin as ordinary disagreements that, with the right handling, can, and should, often be resolved quickly....more

Allen Barron, Inc.

Can Establishing a Family Trust in California Save You Money?

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The question of whether establishing or reviewing a family trust can save you money in California (and in most states) is most often met with an internal and understated “yes, probably,” followed by a deep breath, and several...more

Fishman Haygood LLP

Louisiana Supreme Court Confirms Attorney Fee-Sharing Agreements Must Comply with Rules of Professional Conduct

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A recent decision from the Louisiana Supreme Court clarifies that attorney fee-sharing agreements between lawyers in different firms are subject to – and must comply with – the Louisiana Rules of Professional Conduct,...more

Bradley Arant Boult Cummings LLP

Incentives for Whistleblowers Remain, Even When the Government Declines a Case

Mortgage lenders and other entities submitting claims for payment to the federal government should take note of recent case law from the Ninth Circuit emphasizing how private litigants continue to drive litigation under the...more

Vedder

Anti-SLAPP Update: Federal Judges Increasingly Agree That Fee-Shifting Applies in Federal Court

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Late last month, the U.S. Southern District of New York issued a pair of decisions finding that the fee-shifting provision of New York’s anti-SLAPP law, N.Y. C.R.L. § 70-a, applies in federal court....more

Perkins Coie

Catalyst Theory Cannot Rescue a Plaintiff That Lost on the Merits: Third District Affirms Denial of Attorney Fees in CEQA Case

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The “catalyst theory” of California law governing attorney’s fees sometimes allows a plaintiff to obtain fees even in the absence of a favorable judgment, if the plaintiff can show that the lawsuit was the catalyst for a...more

Lowndes

Winning Just Got Cheaper: Florida Court Removes Key Barriers to Recover Prevailing Party Attorneys' Fees

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A recent appellate decision may significantly change how businesses and litigants approach the recovery of attorneys’ fees in Florida and may reduce both the time and cost required to do so....more

Bressler, Amery & Ross, P.C.

Bressler’s Quarterly Federal Interpleader Law Update – 1Q 2026

A few interesting notes from the Bressler team on federal court interpleader rulings in the first three months of 2026. Garretson Resol. Grp., Inc. v. Bolla, No. 25-cv-02836-AMO, 2026 U.S. Dist. LEXIS 14164 (N.D. Cal. Jan....more

Marshall Dennehey

Commonwealth Court Rules the Security Fund is Not Subject to Attorney‑Fee Assessments

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Randall E. Parrish v. Yeager Supply, Inc. (WCAB); No. 443 C.D. 2024; filed February 5, 2026; by Judge Cohn Jubelirer - In this case, the claimant and employer settled a 1998 work injury by Compromise and Release agreement....more

Marshall Dennehey

Insurer’s Failure to Raise Deficiency in Civil Remedy Notice at Appropriate Stage Amounts to Waiver of Argument at Summary...

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Frisco v State Farm Fla. Ins. Co., Case No. 2D2024-0464 (Fla 2nd DCA December 3, 2025). The plaintiffs appealed a final summary judgment granted in favor of State Farm in their bad faith lawsuit. The Friscos filed a...more

Marshall Dennehey

Third DCA Clarifies Limits on Enforcing Attorney‑Fee Provisions in Pre‑Insolvency Settlements

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Florida Insurance Guaranty Association v. Alfredo Ramos, No. 3D24-1003 (3d DCA January 14, 2026). In a January 14, 2026, opinion, the Third District Cout of Appeal considered whether Florida Insurance Guaranty Association...more

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