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Statutory Interpretation Attorney's Fees

ArentFox Schiff

Too RICO for My Blood: Supreme Court Potentially Expands Recovery to Losses Stemming from Personal Injuries

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In a decision earlier this year, the US Supreme Court held that plaintiffs bringing civil Racketeer Influenced and Corrupt Organizations Act (RICO) claims may be able to recover damages for business or property losses that...more

Stradling Yocca Carlson & Rauth

The CLRA Demand Letter Trap: How Plaintiffs Sidestep the Law’s Intent

The CLRA Demand Letter Trap: How Plaintiffs Sidestep the Law’s Intent - Almost every week, I get a familiar email from a company: “We just received this demand letter. What is it? Is it serious?”...more

Whiteford

Client Alert: Due Process or Due Trouble? Navigating the Legal Maze of Covenant Enforcement in Virginia Community Associations

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Community associations governed by the Virginia Condominium Act (VCA) and the Virginia Property Owners’ Association Act (POAA) are frequently called upon to enforce their association’s covenants, rules, and restrictions....more

Vedder Price

New Jersey SLAPPs Back: New Jersey Court of Appeals Eradicates Anti-SLAPP Loophole

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On May 29, 2025, the New Jersey Court of Appeals reversed dismissal in Satz v. Starr, No. A-2785-23, 2025 WL 1522032 (N.J. Super. Ct. App. Div. May 29, 2025), holding that the plaintiff’s voluntary dismissal of his claims did...more

Husch Blackwell LLP

Supreme Court Sets the Bar for Recovering Attorneys' Fees in Civil Rights Cases

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On February 25, 2025, the U.S. Supreme Court ruled in Lackey v. Stinnie that plaintiffs who gain preliminary injunctive relief before an action becomes moot do not qualify as “prevailing parties” for attorney’s fees under 42...more

Pullman & Comley, LLC

Show Me the Money: When and How You Can Recover Attorney’s Fees Following a Successful Appeal

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One of the questions that comes up often in the context of appeals is whether a successful party to an appeal may recover their attorney’s fees, and if so, under what circumstances. As usual, the short answer is our favorite...more

CDF Labor Law LLP

California Supreme Court Clarifies Cost Shifting Under CCP Section 998

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The California Supreme Court has clarified how the cost-shifting provisions of California Code of Civil Procedure Section 998 (“Section 998”) may apply when a case settles before trial. In a recent decision, Madrigal v....more

Rumberger | Kirk

Legislative Alert: Florida’s HB 1551 and SB 554 Raise Concerns for Insurance Carriers

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It is no secret that insurance rates in the state of Florida have skyrocketed over the past several years. One of the catalysts to the increased rates was Florida’s attorney fee statute, which had the effect of incentivizing...more

Snell & Wilmer

U.S. Supreme Court Limits Section 1988 Attorney’s Fees for Property Owners and Other Civil Rights Litigants

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The U.S. Supreme Court’s recent decision in Lackey v. Stinnie, 145 S. Ct. 659 (2025), limits the ability of civil rights litigants to recover their attorney fees under the Civil Rights Attorney’s Fees Awards Act, specifically...more

Weber Gallagher Simpson Stapleton Fires &...

NJ Court Rules Medicare Set-Aside Funds Excluded from Workers’ Comp Attorney Fee Calculations

A recent ruling concerning a workers’ compensation case in New Jersey reaffirmed that Medicare Set-Aside (MSA) funds should not be included in the calculation of attorney fees. The case involved a reopener application for a...more

Seyfarth Shaw LLP

Third Circuit Holds that Judge, Not Jury, May Determine “Bad Faith” for Purposes of Fee Shifting Under DTSA and PUTSA

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Both the federal Defend Trade Secrets Act of 2016 (“DTSA”) and Pennsylvania Uniform Trade Secrets Act (“PUTSA”) provide that a defendant may recover its attorneys’ fees if it demonstrates that a claim for misappropriation of...more

Dorsey & Whitney LLP

The Supreme Court Update - April 22, 2024

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Today, the Supreme Court of the United States granted certiorari in two cases: Garland v. VanDerStok, No. 23-852: This administrative law and statutory interpretation case concerns the federal government’s ability to...more

Butler Weihmuller Katz Craig LLP

A Matter of Means and Methods: Florida Appellate Court Upholds Retroactive Presuit Notice Requirement

The presuit notice requirements of section 627.70152, Florida Statutes, are procedural in nature and, therefore, apply retroactively to insurance policies existing at the time the law was enacted (July 1, 2021).  Herman Cole...more

McGlinchey Stafford

Can I Settle for Injunctive Relief in a Class Action? - McGlinchey Commercial Law Bulletin - April 20, 2023

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The Lanham Act- Lewis v. Acuity Real Estate Services, 6th Cir. 22-1406- In this appeal, the Sixth Circuit Court of Appeals affirmed the district court’s decision dismissing the complaint under the Lanham Act because such a...more

Holland & Knight LLP

Massachusetts SJC Upends Existing Law, Requires Treble Damages on Late-Paid Wages

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The Massachusetts Supreme Judicial Court (SJC) on April 4, 2022, handed down a decision with major implications for Massachusetts employers accused of wage-and-hour law violations or late payment of wages. In Reuter v. City...more

Littler

Oregon Supreme Court Limits Employers’ Tools for Avoiding Excessive Attorney Fees for Minor Pay Violations

Littler on

On December 31, 2020, the Oregon Supreme Court reversed the Oregon Court of Appeals’ decision in Mathis v. St. Helens Auto Center, Inc. and concluded that the “reasonable” attorney fee award permitted under ORS 652.200 cannot...more

Zelle  LLP

5th Circ. Insurance Case May Encourage Post-Appraisal Suits

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On Oct. 6, the U.S. Court of Appeals for the Fifth Circuit is set to hear oral arguments in Pearson v. Allstate Fire and Casualty Insurance Company. The case centers on statutory construction of Chapters 542 and 542A of the...more

Hinshaw & Culbertson LLP

Consumer Law Hinsights – February 2020

Seventh and Eleventh Circuits Scale Back Scope of TCPA in Narrow Reading of ATDS - The Seventh and Eleventh Circuits provided grammar lessons and eliminated the least incorrect options to evaluate what constitutes an...more

Troutman Pepper Locke

The American Rule Is Still the Rule

Troutman Pepper Locke on

Laura Peter, Deputy Director, Patent and Trademark Office v. NantKwest, Inc., No. 18-801 (December 11, 2019) - Yesterday, the Supreme Court overruled a recent interpretation of 35 USC §145 by the U.S. Patent and Trademark...more

Pullman & Comley, LLC

United States Supreme Court Denies Cert. in Remington Arms Co. LLC v. Soto

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The United States Supreme Court has denied certiorari in Remington Arms Co. LLC v. Soto, No. 19-168.  While the focus of this case ought to remain on the families and the Newtown community, this decision has broad...more

Perkins Coie

Award of Attorney’s Fees Warranted Where Plaintiff Lost on Most Claims But Achieved Primary Litigation Objective

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A plaintiff challenging a city council’s interpretation of a local ballot measure was entitled to recover costs and attorney fees when successful on only one cause of action because the primary relief sought was granted....more

Nossaman LLP

Eminent Domain: Is it Possible to Recover Attorneys’ Fees if you Settle?

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In California, we have an admittedly odd way of determining whether the property or business owner in an eminent domain case is entitled to recover attorneys’ fees. (Note that I’m specifically talking about an owner’s...more

Seyfarth Shaw LLP

Fifth Circuit Holds the TCPA Does Not Apply to Federal Court Diversity Cases

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On August 23, 2019, the United States Court of Appeals for the Fifth Circuit issued its long-awaited opinion in Klocke v. Watson, 17-11320, 2019 WL 3977545, at *1 (5th Cir. Aug. 23, 2019), holding that the Texas Citizens...more

Jones Day

Fear No Fees: No Payment of PTO Attorneys' Fees for District Court Patent Review

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This decision should be a welcome development for patent applicants seeking review. On July 27, 2018, the U.S. Court of Appeals for the Federal Circuit issued its en banc opinion in NantKwest, Inc. v. Iancu, No. 16-1794...more

Jones Day

Federal Circuit: “All the Expenses” Does Not Mean “Attorneys’ Fees”

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Last Friday, the Federal Circuit issued its en banc opinion in NantKwest, Inc. v. Iancu, No. 16-1794 (Fed. Cir. July 27, 2018). The Court held, by a 7-4 vote (Judge Chen, the former PTO Solicitor, was recused), that if the...more

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