Sentences with phrase «fee recovery under»

Standard For Fee Recovery Under 42 U.S.C. § 2000e - 5 (k) At Issue, With Cert Petition Saying Different Thinking In Fourth, Ninth, and Eleventh Circuits.

Not exact matches

Magu also said that employing the mechanism of the non-conviction based forfeiture provided under Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, the EFCC has also made a lot of recovery locally.»

However, if any party prevails on a statutory claim that affords the prevailing party attorneys» fees, or if there is a written agreement providing for payment or recovery attorneys» fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

Litigation ensued, with the trial court determining that $ 364,110 was a reasonable fee for attorney's services under a quantum meruit measure of recovery (i.e., 1,499 hours at $ 240 per hour).

The way litigation in general works in the U.S. (such as the «American Rule» of no recovery of legal fees except under narrow circumstances) creates some opportunities for trolls, but with respect to the two concerns of this coalition of tech companies over the UPC, the German framework — which, again, would affect the whole of Europe based on the proposed rules of procedure — has terrible shortcomings in areas in which defendants in U.S. patent cases are actually in better shape.

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

Consultations are free and confidential, and under our contingency fee arrangement we only get paid when we successfully obtain a financial recovery for a client.

Instead, they were only sued under the PAGA claim, and here is the kicker — plaintiffs never sought fee entitlement in the notice of motion and motion under the PAGA fee - shifting provision much less attempted to segregate fee recovery against individual defendants solely against the PAGA claim.

Under a contingent fee agreement there is no attorney fee if there is no recovery.

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.

The Illinois Supreme Court was asked to consider whether under Section 10 of the act, a lien by a health - care professional or provider must be calculated, as the hospital contends, based upon a plaintiff's total recovery, or whether, as plaintiff contends, attorney fees and costs are deducted from the award prior to calculating the hospital's lien.

But is a Consent Decree entered by the Court the same as a contract, and is a proceeding to enforce a fee provision in a Consent Decree an «action on a contract» triggering recovery of attorney's fees under Civil Code section 1717 rules and standards?

Plaintiff then sought recovery of $ 212,287.50 in fees under Labor Code section 218.5's fee - shifting provision (with the request including a 1.5 positive multiplier).

Plaintiff employee eventually obtained recovery of $ 43,654.50 in an unpaid commission dispute even though he at one point was willing to accept $ 75,000 to settle which included a $ 30,000 component to reimburse his attorney for fees under a contingency agreement.

2 May 3, 2017)(unpublished), a trial judge in a class action case awarded $ 29,409 in attorney's fees to class counsel under the private attorney general statute based on the percentage - of - recovery method rather than the lodestar method.

Seth's coverage litigation practice has involved several issues of first impression in Oregon insurance law, including the duty to defend EPA enforcement actions under long - tail coverage foms, coverage for intellectual property disputes, and recovery of attorney fees.

Todd W. Musburger, Ltd. v. Meier, 394 Ill.App.3 d 781 (1st 2009), while dated, is still post-worthy for its in - depth discussion of a lawyer's quantum meruit recovery from a client after the client fires the lawyer under a contingent fee contract.

Two lessons are learned in this case: (1) the winning party must demonstrate that the losing party would have recovered under the contractual fee clauses vis - à - vis winning party in order to be entitled to a potential fee recovery; and (2) a writ of mandate is the exclusive mechanism to obtain review of a lis pendens expungement or associated fee award, rather than an appeal.

«Quantum Meruit: Discharged Contingency Attorneys Entitled To Quantum Meruit Recovery, Not Pro Rata Distribution Where Contingency Award Could Satisfy All Fee Claims Main Family Law: Lower Court Did Not Have To Consider Financial Needs Factor In Awarding Discretionary Fees Under Family Code Section 6344 (a) In Domestic Violence Proceeding»

Plaintiff's request for recovery of fees under section 1717 was denied, and affirmed on appeal.

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.

Both the original lease and a settlement agreement had fees clause, so defendants moved for recovery of fees under Civil Code section 1717.

We shall use our best endeavours to maximise the recovery of your fees and disbursements under any such order.

Fourth District, Division One Affirms Award of Fees to a Very Forbearing Attorney, Some Under a Quantum Meruit Theory of Recovery.

The conclusion of the court was that recovery of success fees was disproportionate to the end to be achieved under Art 6 and unreasonably restricted MGN's Art 10 rights.

The Request for Direction sought orders to ensure that claimants were not being charged excessive fees beyond those permitted and approved under the IRSSA and, where excess fees had been charged, sought direction in terms of recovery of those fees on behalf of the claimants.

The key issue was whether the claimant was entitled to recover a success fee under a CFA entered into before 1 April 2013 — such recovery was banned for cases starting on or after that date.

In other words, if the fee depends on a sale of property and is calculated as a percentage of the sale price, the transaction will be considered a trade in real estate and as such, recovery of remuneration is barred by section nine of REBBA if the service provider is not registered under REBBA.