Sentences with phrase «attorney fee awards as»

Furthermore, the Court cited last term's Octane Fitness decision in again endorsing attorney fee awards as sanctions for frivolous infringement suits:

Not exact matches

I listen as he tells me that he was once rich and shows me his awards in sales, pictures of when he had money and titles, and how his ex wife was an addict and sunk his fortune into her recovery and then had to sink more into attorney fees to clear his name when she came up missing.

The report comes as government reform groups and some media organizations are urging Gov. Andrew Cuomo to sign a bill that would bolster the ability of plaintiffs in FOIL cases to be awarded attorneys» fees when they are successful in suing over access to government records.

Bills in the package would also raise civil penalties for Violations And Create An Avenue for Housing Courts to award statutory, compensatory and punitive damages as well as attorney's fees and costs for harassment cases.

Although under some laws HBO may have a right to an award of attorneys» fees and expenses if it prevails in an arbitration, HBO agrees that it will seek such an award only in the event that the substance of your claim or the relief sought has been deemed by the arbitrator to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11 (b)-RRB-.

Costs of arbitration, including reasonable attorney's fees incurred in arbitration as determined by the Arbitrator, together with any reasonable attorney's fees incurred by prevailing party in Court enforcement of the arbitration award after it is rendered by the Arbitrator, shall be paid to the prevailing party by the party designated by the Arbitrator or Court.

If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys» fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

The suit seeks an award of actual damages, punitive damages, court costs, and attorney fees, as well as injunctive and declaratory relief.

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys» fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

It includes the capability to analyze damages awarded by a particular judge, in a certain court and of a certain type, such as attorneys» fees or infringement damages.

Both Wiley and Kirtsaeng proposed that the Court provide guidance to district courts in order to direct their discretion in determining whether to award attorney's fees to a prevailing party «towar [d] the purposes of the Copyright Act,» which the Court articulates as «enriching the general public through access to creative works» and «enhancing the probability that both creators and users... will enjoy the substantive rights» provided by the Copyright Act.

F. Award to Petitioner * reasonable attorney's fees and costs incurred herein; OR Order that each party shall be solely responsible for their own attorney fees and costs except that if Respondent takes any unreasonable positions in this matter, Petitioner shall be entitled to an award of his / her attorney fees and costs; and G. Grant other such relief as the Court deems just and proper under the circumstaAward to Petitioner * reasonable attorney's fees and costs incurred herein; OR Order that each party shall be solely responsible for their own attorney fees and costs except that if Respondent takes any unreasonable positions in this matter, Petitioner shall be entitled to an award of his / her attorney fees and costs; and G. Grant other such relief as the Court deems just and proper under the circumstaaward of his / her attorney fees and costs; and G. Grant other such relief as the Court deems just and proper under the circumstances.

Attorneys, as prevailing defendants, were awarded $ 20,765 in fees out of the total amount requested as to attorney # 1 as well as awarded $ 12,500 out of a requested $ 37,474 as to attorney # 2.

Judge Silver expressed her exasperation with Goodyear's conduct by using her inherent authority to award $ 2.7 million in attorney fees and costs as well as ordering Goodyear to file a copy of her order sanctioning its behavior in any subsequent G159 litigation.

As far as reasonableness of fees, the trial judge did discount for duplicative work between the two attorneys» SLAPP motions, including a substantial reduction for attorney # 2's fees — inefficiency / duplicative efforts were indeed factored into the ultimate awardAs far as reasonableness of fees, the trial judge did discount for duplicative work between the two attorneys» SLAPP motions, including a substantial reduction for attorney # 2's fees — inefficiency / duplicative efforts were indeed factored into the ultimate awardas reasonableness of fees, the trial judge did discount for duplicative work between the two attorneys» SLAPP motions, including a substantial reduction for attorney # 2's fees — inefficiency / duplicative efforts were indeed factored into the ultimate awards.

The Court had previously provided some limited guidance in Fogerty v. Fantasy, Inc., 510 U.S. 517 (1994), in which it held that a district court «may not award attorney's fees as a matter of course» but must «make a more particularized, case - by - case assessment.»

Served as trial counsel for a major national manufacturer in a lengthy NLRB proceeding in which the client prevailed on bad faith bargaining, secondary boycott and threat of violence charges against the Teamsters Union, secured three separate federal court injunctions against the Union and won an unprecedented award of attorneys» fees and litigation costs [reported at 334 NLRB No. 137]

Mr. Russ obtained Summary Judgment in Forever 21's favor, as well as an award of attorney fees.

Often times the actual percentage of the award or settlement that relates to the legal fee our attorney charges are negotiable at the time that you sign up as a client or can be the subject of further reduction by our law firm later when more is known by all parties about the claim.

Two months ago, Judge Gale awarded OTB $ 38,000 in attorneys» fees as sanctions for the Doan firm's failure to comply with discovery orders, as is described on the North Carolina Business Litigation Report blog.

As the article reports, a federal judge awarded $ 957,710 in attorney fees, plus costs and prejudgment interest, to Skadden Arps for its pro bono representation of a group of waiters, busboys and captains who sued their restaurant - employer for unlawfully witholding tips in violation of the Fair Labor Standards Act and the New York Labor Law.

Intended as an informational meeting for the family, one of our personal injury attorneys will discuss the particulars of your case, estimate the potential award you can recover, advise your next steps to be taken, and if our services are warranted, explain the fees we charge.

Under 42 U.S.C. § 1988, a prevailing party may be awarded attorney fees «as a part of costs.»

Parties often seek to modify the default rule that arbitrators may award costs, including attorneys» fees, as part of the final award by providing that each party shall bear its own costs.

The Supreme Court's specific ruling in Marek was that the plaintiff's accrual of attorney fees, as the prevailing party where his award was less than the offer, was cut off as of the date of the Rule 68 offer.

I assisted Father and his attorney in developing the strategy to obtain application of Schedule C guidelines and was as surprised as they were when the family court awarded Mother fees despite their prevailing on this issue.

(5) If the court finds that an action brought pursuant to this section was frivolous as provided in article 17 of title 13, C.R.S., the court shall award costs and attorney fees to the defendant in the action.

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.

For all consumer attorneys, the next case should be of interest as far as what attorney's fees can be awarded under the Song - Beverly Act where confidential settlements are involved and what standard governs the award of fees to the statutory «prevailing party.»

Compensation payments from NVICP have averaged $ 782,136 per successful claim through 2011, with an additional $ 113 million dispersed to pay attorney fees and legal costs (the act awards attorney fees and costs for unsuccessful claims provided that the litigants bring their claims in good faith and upon a reasonable basis, as well as for successful claims).

Nemeth v Abonmarche Development, Inc 457 Mich 16; 576 NW2d 641 (2000)(Amicus Curiae Michigan Environmental Council)(determining inter alia that Michigan Environmental Protection Act did not authorize attorney fees to be awarded as litigation costs)

When mothers are found in contempt for visitation interference the court routinely awards attorneys fees, and requires hour - granted - for - hour - denied substitute visitation as its sanction, but does nothing further to change the mother's unjustified attitude towards the visitation denial.

The Court then affirmed the trial court, but made a limited, as opposed to general remand of the case «solely for consideration of an award of reasonable appellate attorney's fees and costs consistent with this opinion.»

Recently, in a «rare» discovery - related opinion, the Supreme Court weighed in on the limits of inherent authority to award attorney's fees and costs as a sanction for discovery misconduct.

FURTHER ORDERED that Plaintiffs as prevailing parties shall be entitled to an award reasonable attorney's fees as part of the costs, to be determined by the Court pursuant to 42 U.S.C. § 1988 (b).

Trial judges have discretion to award attorney's fees to party allowed leave to correct request for admission responses under CCP § 2033.330 as a condition of allowing withdrawal of the mistaken responses.

«It is insufficient that class members had an opportunity to file a general objection to what they anticipated class counsel might request as an attorney - fee award; principles of due process require that they have an opportunity to respond to the attorney - fee application that is actually filed.»

On the other hand, when people work with experienced injury attorneys who know dog bite law in New Orleans and Louisiana, even after you factor attorney fees in, you'll walk away with as much as 80 -LCB- d37eae5b8410ed8fb22098597e6ecfa689963c7e8a6548fdf24949bed3e82123 -RCB- of your potential award.

Later, the trial judge awarded landlord $ 324,533.50 in attorney's fees as the prevailing party under Civil Code section 1717 (based on a broadly - worded contractual fees clause).

Sullivan found that Gura's work wasn't sufficiently exceptional to justify an enhanced award of $ 589 over the $ 420 hourly rate traditionally applied for similar work Laffey Matrix, and in any event, as a small firm lawyer, Gura didn't deserve fees comparable to big law attorneys.

They understand the array of issues in fee dispute cases such as fee agreements, hourly rates, tasked performed, fee entitlement, attorney fee ethics, and fee award factors.

To encourage suits under this scheme, the defendant would be required to pay a fixed $ 10,000 award to the named plaintiff as well as the plaintiff's attorney's fees.

(3) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

Serving as lead counsel in infringement action in the District of Delaware involving cloud storage, and resulting in dismissal and award of attorneys» fees in client's favor.

As reported by Law360, a California state judge recently ruled that Latham & Watkins tentatively was entitled to an award of attorney's fees to the tune of about $ 1.6 million as damages in a malicious prosecution case against litigants Messrs. Parrish and Fitzgibbons, in a case which produced quite a bit of appellate activity (including a published California Supreme Court decisionAs reported by Law360, a California state judge recently ruled that Latham & Watkins tentatively was entitled to an award of attorney's fees to the tune of about $ 1.6 million as damages in a malicious prosecution case against litigants Messrs. Parrish and Fitzgibbons, in a case which produced quite a bit of appellate activity (including a published California Supreme Court decisionas damages in a malicious prosecution case against litigants Messrs. Parrish and Fitzgibbons, in a case which produced quite a bit of appellate activity (including a published California Supreme Court decision).

Among other things, losing neighbors appealed the award of economic damages to non-dog owners as attorney's fees and argued that the judgment had to be offset by the $ 17,500 settlement paid by their attorney.

[57][58] Unless there is an actual trial or judgment, if there is only pre-trial motion practice such as motions to dismiss, attorney fee shifting can only be awarded under FRCP Rule 11 and it requires that the opposing party file a Motion for Sanctions and that the court issue an order identifying the sanctioned conduct and the basis for the sanction.

The Supreme Court has held that where a statute permits attorney's fees to be awarded to the prevailing party, the attorney who prevails in a case brought under a federal statute as a pro se litigant is not entitled to an award of attorney's fees.

In arbitration, as with a court, the arbitrator must honor the terms of this Agreement and can award the prevailing party damages and other relief (including attorneys» fees).

In addition to required mediation, there shall be other incentives to mediate such as priority on the court docket for a contested hearing if parties do not resolve all issues in mediation and require a court hearing or award of attorney fees for parties that attend mediation at an early stage and against parties that unreasonably resist or delay mediation.