News & Analysis as of

Legal Costs

You Make A Better Wall Than A Window: Why Policyholders Can Rest Assured That Insurers Should Pay Legal Bills For Claims With...

by Newmeyer & Dillion LLP on

Unfortunately, policyholders, such as manufacturers and contractors, routinely face the unnecessary challenge of how to access all of the insurance coverage which they have purchased. Frequently, the most pressing need is to...more

Third Circuit Upholds Arbitration Agreement In Retail Installment Agreement Between Used Car Buyer And Dealer

by Carlton Fields on

This dispute stemmed from a complaint filed by Edmondson, alleging claims under the Federal Odometer Act and the Magnuson-Moss Warranty Act, as well as state law claims for fraud, in relation to her purchase of a used car...more

Discovery Sanctions Affirmed Despite Dwarfing Potential Value of Entire Case

In Klipsch v. ePRO, the Second Circuit affirmed discovery sanctions commensurate with the costs incurred by the moving party in addressing the sanctionable conduct ($2.68 million), as well as security for the sanctions,...more

The Safety Net of Delaware

by Zuckerman Spaeder LLP on

Companies want to attract talented leadership, and protections for officers and directors against lawsuits can be part of the total package. This is one reason why many businesses incorporate in Delaware—Delaware law...more

Michigan Court of Appeals Clarifies That the Offer of Judgment Rule Applies to a Judgment Entered on an Arbitration Award

by Dickinson Wright on

Under Michigan’s “offer of judgment” rule, MCR 2.405, costs and attorney fees may be imposed on a party that rejects an offer to stipulate to entry of a judgment and fails to obtain a more favorable “verdict.” In Simcor...more

Debt Collection Letter's Inclusion Of Court Costs Was Not Deceptive

Any opinion that starts out by stating “[t]his case is about $82.00” is not likely to go well for one party and in this instance, that was the case for Nestor Saroza....more

Prisoner’s “My-iBible” RLUIPA Claim Thrown Out as Moot

What do a prisoner in administrative segregation, an MP3 player, an audio version of the Bible, and earbud headphones have to do with defending local governments in RLUIPA claims? Read on....more

Class Action Cash-In: 7th Circuit Allows Attorneys’ Fees To Exceed Plaintiffs’ Payout

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a class action asserting claims for breach of contract, unjust enrichment, and statutory fraud in regards to the sale of general-use, pre-paid gift cards, the Seventh Circuit affirmed the final approval...more

Attorney Fees Provision May Be Enforced Even If the Contract Is Deemed Void

by Archer Norris PLC on

In a recent opinion, the California Court of Appeal held that a party could be liable for the prevailing party’s attorney fees and costs even though the underlying contracts were deemed void and unenforceable....more

Does Arbitration Make Sense For Franchisors? A Litigator’s Perspective

by Mulcahy LLP on

Let’s face it; arbitration is not always the quicker, cheaper forum for parties to resolve their differences. Although arbitration does have the potential to be more economical and efficient than court, in practice, these...more

Litigating in Ontario

by Dickinson Wright on

As cross-border commerce has become commonplace for so many of our clients and with it the prospect and likelihood of their finding themselves considering or responding to litigation in Canada, there is a need to understand...more

Avoiding Glittering Generalities in Selecting eDiscovery Software – Considering Cost: eDiscovery Best Practices

by CloudNine on

...Budgetary constraints are a common hurdle for law firms and legal departments seeking to address the legal, technological, and business elements of eDiscovery. This economic constraint is compounded by the lack of...more

Cyberattacks Are the New Norm - How to respond and get insurance recovery for government investigations.

Takeaways - Companies that suffer cyberattacks can expect not sympathy but scrutiny from legal authorities. - D&O insurance can cover not only litigation but also investigation costs. - Strategic negotiation of...more

To Fee Or Not To Fee, That Is The Question: The Florida Supreme Court Finds Coverage For Proposal For Settlement Sanctions In...

To understand the implications of Macedo II, it is important to understand what brought us here. It’s a long and bumpy road, but understanding what brought us here will be critical in order to understanding how to go...more

What To Do When Your Prospect Objects To Your Fee

by LawVision Group LLC on

Fee objections happen often, but they are not always what they seem. Next time a prospect objects to your firm’s fees, think about the following questions: Is it real? Is it time? Is there something else? Is that all?...more

So Your Business Received a Demand Letter, Now What?

by Ward and Smith, P.A. on

If your business has received a demand letter, I have some good news for you: Your business has not been sued (yet). However, a lawsuit could be in your business's near future....more

Next Steps for a Revenue Recovery Program: The Power of Communication

by Kelley Drye & Warren LLP on

Following on the heels of my last post where I explored the “who, where and when” steps for starting a revenue recovery program, this post will examine the “what” and “how” aspects of a program. And more specifically, I want...more

Allowability of Legal Costs

The next in our Infographics series walks through the allowability of costs for certain in-house legal services. It provides a quick guide to when a contractor’s legal costs may, and may not, be charged to the government....more

Court Of Chancery Limits Fee Award To Account For Misconduct

by Morris James LLP on

What will the Court of Chancery do when a Petitioner's attorney alters his records to increase the fees sought in an advancement or indemnification case? Here at least the Court disallows the altered fees, rather than barring...more

The Yellow Pages Live On

Calling the district court’s action an “abuse of discretion,” the 11th Circuit reversed a decision that cut by more than 90 percent a successful copyright infringement plaintiff’s request for attorney’s fees and costs. Yellow...more

Court of Appeal provides much needed clarity on security for costs

by Allen & Overy LLP on

Bestfort Developments LLP & ors v Ras Al Khaimah Investment Authority & ors [2016] EWCA Civ 1099, 8 November 2016 The Court of Appeal has clarified the test to be met in an application for security for costs on the...more

Defendants Are Awarded Additional Costs For Depositions And E-Discovery

by Morris James LLP on

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

Attorneys must be precise in representations to court

by Dentons on

On May 19, Judge Andrew Hanen of the US District Court for the Southern District of Texas issued a scathing order criticizing the conduct of several Department of Justice attorneys defending the federal government against a...more

How to Maximize Legal Fee Recovery in English Litigation

by Kobre & Kim on

It is well known that in English courts, the losing litigant is at risk of being ordered to pay up to 90% of the winner’s legal costs, known as “costs shifting”. Less well-known but strategically important is the fact that...more

Court Awards Costs But Not Attorneys’ Fees

by 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

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