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Breach of Contract › Litigation Fees & Costs

Offit Kurman

Suing Someone? Five Crucial Factors to Consider Before Proceeding

Offit Kurman on

So, you think you can sue. Maybe you had a contract, and the other side breached it. Or maybe someone owes you money, and you’re ready to go after them. Not so fast. Starting a lawsuit is a big step, and there are many...more

Foley & Lardner LLP

Litigation Avoidance, Part I: Balancing the Time and Expense of Discovery to Achieve Better Outcomes

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We understand. The other party to your contract breached your deal, acted in bad faith, and cost you money and your business reputation. It’s personal; you trusted them, and they abused your trust. You want to sue them...more

Ward and Smith, P.A.

Fourth Circuit Says "Do the Math" For Attorneys' Fees Awards

Ward and Smith, P.A. on

In North Carolina, a loan agreement can require a borrower to pay attorneys' fees upon default to reimburse the lender for collection expenses....more

Butler Snow LLP

Everything Old is New Again … Legal Principles Remembered

Butler Snow LLP on

Every once in a while, we’ll see an appellate decision that serves as a commercial law primer – reminding business litigators and transactional attorneys of basic legal principles that sometimes are not precisely recalled...more

Butler Weihmuller Katz Craig LLP

Appellate Court Holds Entitlement to Fees and Costs Award Under Section 768.79 Does Not Require Defendant’s Settlement Offer...

Butler Weihmuller Katz Craig LLP on

Few things play a more sizable factor in litigation than attorney’s fees. They incentivize suing as much as they do settling. The prospect of liability for the other side’s fees is a long shadow cast by every case, whether it...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

White & Case LLP

Damages for breach of an exclusive jurisdiction clause

White & Case LLP on

A recent judgment by the German Federal Court of Justice strengthens the position of companies concluding a forum selection clause in favor of German courts. If German courts are selected as the exclusive forum, bringing an...more

Troutman Pepper Locke

Maryland Federal Court Upholds Contractual Indemnity Clause and Awards Judgment Interest and Attorneys Fees in Masonry Suit

Troutman Pepper Locke on

Skanska USA Building, Inc. v. J.D. Long Masonry, Inc., No. 1:16-cv-00933, 2019 BL 336852, (D. Md. Sept. 9, 2019) - On September 9, 2019, a Maryland federal court awarded Skanska USA Building, Inc. (“Skanska”) compensatory...more

Sands Anderson PC

Virginia's "Collateral Source Rule" Applies to Breach of Contract Matters

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In negligence actions, Virginia has long adhered to the “collateral source rule” which holds that payments received by an injured plaintiff from a source other than the tortfeasor/defendant are not deducted from the damages...more

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