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Litigation Fees & Costs

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: The “Need for Speed”

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This ninth installment of our series considers the ability for employers to resolve disputes quickly and efficiently. Speed of resolution is crucial for maintaining smooth operations and minimizing disruptions. Arbitration...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

When $17.5 Million Is the Real “Fiduciary Breach”

Another week, another headline from the ERISA litigation circus — this time it’s Jerry Schlichter asking for a $17.5 million payday in the Pentegra case. That’s right, after landing what’s being called the largest jury...more

Freeman Mathis & Gary

Ninth Circuit defines the “costs” associated with offers of judgment or settlement

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In Alvarado v. Wal-Mart Associates, Inc., issued by the United States Court of Appeals for the Ninth Circuit on September 30, 2025, the court clarified the scope of awards under California Code of Civil Procedure Section 998....more

McDermott Will & Schulte

Failure to reassess subject matter eligibility after similar claims invalidated justifies attorneys’ fees

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Following a dismissal on the pleadings, the US District Court for the Southern District of New York granted the defendant’s motion for attorneys’ fees under 35 U.S.C. § 285 after concluding that the asserted patent was...more

Fox Rothschild LLP

Clapback and Pay Up?: New Jersey Court Issues $50,000 Attorneys’ Fee Award Against Fan Under Anti-SLAPP Statute

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New York Jets Star Cornerback Ahmad “Sauce” Gardner (“Gardner”) engaged in a back-and-forth exchange with a Buffalo Bills fan (the “Fan”) on X (formerly Twitter) prompting a civil suit for defamation and emotional distress...more

Akerman LLP

Driving Up Costs: The AI-Empowered Litigant

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Rightfully, much has been written on the perils of attorneys using artificial intelligence. Court orders admonishing lawyers for citing hallucinated cases have circulated widely in the legal community, yet little attention...more

Quinn Emanuel

October 2025 Business Litigation Report

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Recent Developments on Funding Arrangements in the UK - The Court of Appeal in England & Wales, in its powerful judgment in Sony Interactive v Neill and Ors [2025] EWCA Civ 841 (Sony v Neill) of 4 July 2025, unanimously...more

Weintraub Tobin

California Employment News: New Enforcement Tools for Wage Theft Judgments

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In this episode of California Employment News, Weintraub Tobin attorneys Shauna Correia and Meagan Bainbridge discuss SB 261, a new law that strengthens enforcement of California wage judgments. Learn about the new public...more

Blake, Cassels & Graydon LLP

Reality Check: Alberta Court Weighs Costs Award Against Counsel for AI-Generated Case Law Hallucinations

On September 26, 2025, the Court of Appeal of Alberta (ABCA) released its first decision addressing the potential for generative artificial intelligence (GenAI) tools to create references to non-existent case law or statutes,...more

McDermott Will & Schulte

Prevailing party: Dismissal with prejudice will do it

The US Court of Appeals for the Federal Circuit found that a district court erred in denying fees and costs to the prevailing party (here, the defendant), but upheld the district court’s denial of Rule 11 sanctions. Future...more

Troutman Amin LLP

$1.3MM IN TCPA DEFENSE FEES?: All Web Leads For Allegedly Failing to Defend TCPA Suits Caused By Its Leads–And the Defense Costs...

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Just picked up this interesting complaint against All Web Leads, Inc. The claim here is that AWL sold leads that lead to two massive TCPA class actions against Liberty Mutual. Liberty allegedly asked AWL to defend the suits...more

Jaburg Wilk

Is AI Increasing Your Legal Fees?

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Artificial intelligence (AI) is transforming industries across the board, and the legal field is no exception. Clients today are increasingly turning to AI tools like ChatGPT, Google’s Gemini, and other generative platforms...more

Zelle  LLP

No Exceptions (Unless Prescribed by Law): Court Grants Motion to Preclude Attorneys’ Fees Even Though Carrier Will “Not Entertain”...

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In this case, Safeco Insurance Company of Indiana (“Safeco”) issued a residential policy to Venugopal Muriki (the “Insured”) covering the Insured’s dwelling. On December 10, 2024, the Insured submitted a claim with Safeco...more

Otten Johnson Robinson Neff + Ragonetti PC

Court of Appeals: Contractual Attorney Fees Provision Awards “Fees on Fees”

Colorado, like most states, follows the “American Rule,” which requires parties to a lawsuit to pay their own legal expenses. There is a significant exception though, if the parties agree, in a contract clause known as a...more

Conyers

Indemnity Costs and Issue-Based Costs Orders in the Bermuda Court of Appeal

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The Court of Appeal for Bermuda has lately clarified two important aspects of the law of litigation costs in Bermuda: the test for indemnity costs and the availability of issue-based costs awards. In each respect the Court of...more

Walkers

The Jersey Employment and Discrimination Tribunal's new costs regime: Key changes now in force

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The introduction of the Employment and Discrimination Tribunal (Procedure) (Jersey) Amendment Order 2025 (Order) has significantly altered the costs regime in the Jersey Employment Tribunal. Having previously been a no-cost...more

McDermott Will & Schulte

Wrestling with prevailing defendant’s post-trial fee request in copyright dispute

The US Court of Appeals for the Fifth Circuit affirmed a district court’s denial of attorneys’ fees to the defendant after it prevailed at trial in a copyright infringement suit, concluding that the district court adequately...more

Paul Hastings LLP

California Supreme Court Issues Decision Addressing Whether the FAA Preempts California's Rule Governing Late Payment of...

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The California Supreme Court issued its decision in Hohenshelt v. Superior Court, addressing whether the Federal Arbitration Act (FAA) preempts California's rule governing late payment of arbitration fees, Cal. Code Civ....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Even If You’re Right, You Can Still Get Sued

There’s a hard truth about being a plan sponsor or a plan provider: you can be doing everything right and still get sued. That’s the world we live in—especially in the retirement plan space. You can dot every “i,” cross every...more

Robson & Robson, P.C.

How Smart Business Owners Make Better Legal Decisions

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My sense is that it’s mostly other lawyers reading this blog – either to get some insight on one of their cases or to check me out when I’m one of their adversaries. But this post is for the non-lawyers out there who find...more

Blake, Cassels & Graydon LLP

Différend lié au secteur public : Comparaison des coûts d’un litige par rapport à un arbitrage dans l’Ouest canadien

Les services publics, les municipalités et autres entités gouvernementales ou quasi gouvernementales font face à des défis uniques lorsqu’ils cherchent à évaluer les risques liés aux règlements de leurs différends. Ils...more

Jackson Lewis P.C.

Court Rules Pension Fund’s Position Was Not ‘So Baseless’ as to Mandate an Award of Attorneys’ Fees

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ERISA is widely regarded as a remedial statute. As a result, employers who are pursued by multiemployer pension plans for withdrawal liability face an uphill battle when trying to recoup attorneys’ fees (often substantial)...more

Adler Pollock & Sheehan P.C.

Civil Practitioner’s Guide to D.R.I. Local Practice

This article serves as a guide for Civil Practitioners when litigating in the United States District Court for the District of Rhode Island. In so doing, it outlines the notable Local Rules regarding: 1) Motions; 2)...more

Blake, Cassels & Graydon LLP

Dispute Resolution in Western Canada for Public Infrastructure Projects: The Costs of Litigation Relative to Arbitration

Public utilities, municipalities and other government or quasi-governmental entities are confronted with unique challenges when assessing risks related to dispute resolution. This includes considering how the cost of legal...more

Carlton Fields

Ohio Federal Court Grants Motion to Confirm Arbitrator’s Award of Attorneys’ Fees and Costs to Prevailing Party

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In Preferred Wireless LLC v. T-Mobile USA Inc., the U.S. District Court for the Southern District of Ohio addressed a motion by defendant T-Mobile to confirm an arbitrator’s award of attorneys’ fees and costs, and also...more

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