News & Analysis as of

Breach of Contract › Attorney's Fees › American Rule

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

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

Rosenberg Martin Greenberg LLP

Virginia Supreme Court Recognizes Exception to American Rule For Covenants Not to Sue

Rosenberg Martin Greenberg LLP on

Under what is referred to as the “American Rule,” successful litigants in state and federal courts in the United States generally cannot recover their attorney’s fees and expenses from their opponents. Unless there is either...more

Weintraub Tobin

California Supreme Court Adds To Line Of Cases Narrowly Applying The Right To Recover Attorneys’ Fees Under Civil Code Section...

Weintraub Tobin on

Despite increasing sophistication amongst contracting parties and evermore common use of attorney fee clauses, the “American Rule” endures. The American Rule is that each side pays its own attorney fees in litigation, win or...more

Butler Snow LLP

Word Games Aside … an agreement to settle is an agreement to settle

Butler Snow LLP on

The Tennessee Court of Appeals refused to let a litigant weasel out of a negotiated and binding agreement to settle disputed claims. Tim Grace v. Jeanna Grace d/b/a Grace Trucking, Case No. W2016-00650-COA-Re-CV (11/29/16)....more

Polsinelli

Texas Court of Appeals: Parties Cannot Recover Statutory Attorney's Fees from an LLC for Breach of Contract Claims

Polsinelli on

A recent decision from the Texas Court of Appeals in Houston closes the door to the recovery of attorney's fees from limited liability companies under Chapter 38 of the Texas Civil Practice and Remedies Code, one of the few...more

BakerHostetler

Recovering Attorney's Fees for Breach of Contract Under Texas Law Recent Cases Say No!

BakerHostetler on

In the energy sector, many contracts contain Texas choice of law provisions, or are performed in Texas, which means that Texas law probably applies. The conventional wisdom in Texas is that a prevailing party can recover its...more

7 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide