Sentences with phrase «allowing fee recovery»

Octane Fitness and Highmark Deal With Substantive / Review Standard Issues Regarding «Exceptional» Circumstances Allowing Fee Recovery In Certain Patent Cases.

However, the lower court only awarded them $ 525 in fees under Civil Code section 1717.5, which allows fee recovery for book accounts.

The negligence claim was not «on the contract» because it did not encompass tort claims, plus it was unilateral and did not allow fee recovery either for or against another litigant such as non-prevailing cross-complainant.

Not exact matches

«In cases where the debtor successfully proves that a FDCPA violation occurred, the court may allow recovery of attorneys fees and costs.

Auctions based on marginal costs wont allow for recovery of investment, which is why states and RTO / ISOs have attempted to address the obvious shortfalls of the auction system by adopting workarounds, to feed money to baseload power plants, e.g., special features such as maintenance fees, or, as in New York State, the establishment of zero - emission credits.

It did prevail eventually, but the trial judge concluded no fee recovery was allowable because the assertion of an affirmative defense did not fall within the definition of the option agreement fees clause allowing recovery when «an action» or «a proceeding» was brought.

Although arguing Civil Code section 1717 did not allow for such an award, homeowner ignored the fact that the settlement agreement had an express provision allowing for post-judgment enforcement fee recovery based on the judgment entered as a result of the settlement.

Usually, a winning SLAPP defendant has to apportion fees attributable to SLAPP activities, but this decision allows the trial judge to award extra-SLAPP fees as long as the other activities were «on the contract» under Civil Code section 1717 for purposes of fee recovery in the entire litigation matter.

Considering that the same district court allowed Apple to leverage a couple of recent Supreme Court opinions concerning fee - shifting in connection with its pursuit of a recovery of attorneys» fees from Samsung, it would seem just fair for Samsung to be allowed to make an Alice argument now, just in time before Judge Lucy Koh will decide on the parties» motions for judgment as a matter of law (JMOL) following the recent $ 119 million jury verdict (which was disappointing enough for Apple to request a retrial).

In a suit for infringement in such a case the court may allow or disallow recovery of any of the infringer's profits attributable to the infringement, and may enjoin the continuation of the infringing undertaking or may require, as a condition for permitting the continuation of the infringing undertaking, that the infringer pay the copyright owner a reasonable license fee in an amount and on terms fixed by the court.

AJAG decided to lobby MP's, as they are the ultimate legislators who would repeal section 29 of the Access to Justice Act, which presently allows recovery of ATE premiums and success fees from insurers.

$ 348,372 Is Broker Fee Recovery; However, CAR Clause May Need To Be Amended To Allow Routine Costs Recovery.

5 Jul. 28, 2014)(unpublished), is an interesting one involving affirmance of an arbitration award in favor of a well - known L.A. law firm and against a sophisticated ex-client defendant, especially focusing on a very broad arbitration clause allowing for fee recovery in any dispute and for a Trope waiver.

This allows you to focus your time and resources on your own recovery and not worry about attorney's fees and the legal process.

Leon cited expert testimony that Iranian law did allow for recovery of attorney fees and costs.

For example, see our December 14, 2017 post on the unpublished decision by the 4/3 DCA in Assadian v. Parsi, where a fee recovery was allowed in an illegality context under the «in pari delicto» exception.

Today, most residential lease agreements in Florida have provisions that allow for the recovery of legal fees for the prevailing party in a landlord - tenant lawsuit.