Not exact matches
But without a majority decision on Halo, it could be more difficult for district courts to
award attorneys»
fees to prevailing parties
in patent troll cases, which every year sap billions of dollars
in such
fees.
In the event you recover an Award greater than NBCUniversal's last written settlement offer, the Arbitrator shall also have the right to include in the Award NBCUniversal's reimbursement of your reasonable and actual out - of - pocket attorneys» fees associated with the Arbitration, but NBCUniversal shall in all events bear its own attorneys» fees; a
In the event you recover an
Award greater than NBCUniversal's last written settlement offer, the Arbitrator shall also have the right to include
in the Award NBCUniversal's reimbursement of your reasonable and actual out - of - pocket attorneys» fees associated with the Arbitration, but NBCUniversal shall in all events bear its own attorneys» fees; a
in the
Award NBCUniversal's reimbursement of your reasonable and actual out - of - pocket
attorneys»
fees associated with the Arbitration, but NBCUniversal shall
in all events bear its own attorneys» fees; a
in all events bear its own
attorneys»
fees; and
In 2010, OmniAmerican Bank obtained a judgment against Montroll and ColoGuys for $ 36,979.72, with another $ 1,500 awarded to the bank in attorney's fee
In 2010, OmniAmerican Bank obtained a judgment against Montroll and ColoGuys for $ 36,979.72, with another $ 1,500
awarded to the bank
in attorney's fee
in attorney's
fees.
The court
awarded the Performing Rights Organization (PRO) nearly $ 200,000
in damages and
attorney's
fees.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or alleged Daily Harvest Party or third party claims, damages,
awards, judgments, losses, liabilities, obligations, penalties, interest,
fees, expenses (including, without limitation,
attorneys»
fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected,
in law or equity, whether
in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided to you.
Aided by
attorneys eager for court -
awarded fees — which are an accepted part of class settlements — consumers are taking their grievances to court
in record numbers.
Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including
attorneys»
fees, incurred by the other party
in enforcing the
award.
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.
Further,
in any such dispute, under no circumstances will participant be permitted to obtain
awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable
attorneys»
fees, other than participant's actual out - of - pocket expenses (i.e. costs associated with entering this Giveaway), and participant further waives all rights to have damages multiplied or increased.
In 2015, Cuomo vetoed one bill that would have shortened the time given government agencies to file an appeal after losing a challenge to a FOIL request, and another that would have
awarded attorneys»
fees to plaintiffs who are illegally denied records.
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.
The first tier relates to situations where the complainant
in the FOIL lawsuit was victorious because the agency failed to respond to a request or appeal,
in which case the court would still have discretionary authority to
award attorneys»
fees.
A. 1438B (Paulin / Gallivan) requires judges to
award attorney's
fees when a member of the public «substantially» prevails
in a Freedom of Information lawsuit.
The other measure would require courts to
award attorneys»
fees to individuals who prevail
in lawsuits against agencies that deny them 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.
You agree that the Indemnified Parties will have no liability
in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments,
awards, costs, expenses, and
attorneys»
fees of the Indemnified Parties
in connection therewith.
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-.
about NSBA and CSBA Urge Court to Use Fairness Principles
in Awarding Attorneys»
Fees in Special Education Litigation
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.
Subsequently, the court upheld the district's verdict and
awarded $ 175,210 (
in response to the requested amount of $ 245,340)
in attorney's
fees, $ 12,474
in expert witness
fees and court costs, $ 108,495
in front pay and retirement benefits, and postjudgment interest.
The suit was eventually thrown out, and Fisker was
awarded $ 1,144,385.03
in attorneys»
fees and costs, but that hasn't quenched the growing rivalry between these two eco-luxury-sport startups.
In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's
award, or fails to comply with the arbitrator's
award, the other party is entitled to costs of suit, including a reasonable
attorney's
fee for having to compel arbitration or defend or enforce the
award.
The Mellems were
awarded $ 300,000
in damages and
attorney's
fees.
You agree that the Indemnified Parties will have no liability
in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments,
awards, costs, expenses, and
attorneys»
fees of the Indemnified Parties
in connection therewith.
In a successful lawsuit, the court will
award you court costs and a reasonable amount for
attorney's
fees.
In any successful lawsuit, you will also be
awarded court costs and
attorney's
fees.
C. Costs and reasonable
attorney fees shall be
awarded to the commissioner or a district
attorney in all injunctive actions where the commissioner or district
attorney successfully enforces this Part.
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.
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.
Further,
in any such dispute, under no circumstances shall participant be permitted to obtain
awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable
attorney's
fees, other than participant's actual out - of - pocket expenses (i.e. costs associated with entering this Campaign).
«When the EPA settles or loses those suits, it then
awards the groups millions more
in attorneys»
fees,» notes legal commentator Walter Olson.
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.
Today, CNN is scheduled to air video of its interview with Richard Fine, a (now disbarred)
attorney who has spent more than 14 months
in the L.A. County Jail for contempt of court after he refused to provide certain financial documents pursuant to a court order
in connection with a
fee award in a case Fine lost.
For example,
in Colorado civil cases, some of the more common grounds for an
award of
attorneys»
fees to a defending party are: (a) a two - sided contractual
fee shifting term, (b) dismissal of the case before filing an answer for failure to state a claim when tort claims were asserted, (c) a determination that the suit was groundless, frivolous or vexatious, (d) violation of certain rules relating to disclosure of information to the other party, (e) a statutory
fee shifting provision
in the case of a claim based upon a statutorily created right which is present
in some statutes but not others.
Should the fact that the lower income party retained a higher charging
attorney be a factor
in awarding attorney's
fees?
In Washington, a recent Supreme Court decision holds that while there are many differences between an insurer and a surety, an
award of
attorneys»
fees is proper when the surety, or insurer, wrongfully denies coverage.
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.
Subsequently, the trial judge
awarded $ 294,271
in attorney's
fees to District and against Roosevelt Lofts under the «tort of another» doctrine for work associated with a bankruptcy proceeding, the underlying action (especially an appeal), and a quiet title against another party basically affiliated with Roosevelt Lofts.
The Arizona Court of Appeals
in the Myrick v. Maloney case provided a good discussion from the court of appeals regarding a judge's discretion to balance both factors (reasonableness and disparity
in financial resources) to
award or decline an
award of
attorneys fees.
The principal basis was that an
attorney declaration
in support of work effort and hourly rates did not adequately underpin a
fee award.
Attorney apparently was mad because he was only
awarded $ 50,000
in fees rather than $ 61,666
in fees.
Minor's
attorney basically appealed a
fee award in a minor's compromise settlement
in a medical malpractice action.
In Kirtsaeng v. John Wiley & Sons, Inc., the Supreme Court clarified the test for
awarding attorney's
fees when applying the Copyright Act's discretionary
fee - shifting provision, 17 U.S.C. § 505.
Section 505 provides that a district court «may...
award a reasonable
attorney's
fee to the prevailing party»
in a copyright action.
We provide a free case evaluation to review the claim
in charge no
attorney fees until we successfully resolve the case through a negotiated settlement or winning a jury
award at trial.
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 circumsta
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 circumsta
award of his / her
attorney fees and costs; and G. Grant other such relief as the Court deems just and proper under the circumstances.
The Supreme Court has previously noted that the
fee - shifting provision of the Patent Act, which permits district courts to
award attorney's
fees to prevailing parties
in «exceptional cases,» is «similar» to Section 505 of the Copyright Act, which merely permits a court to
award reasonable
attorney's
fees at its discretion.
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.
The best thing is that if you don't end up getting paid by a jury
award or settlement, you don't have to pay anything
in attorneys fees, so there is really no financial risk involved on your part.
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.