Sentences with phrase «attorney fee provision»

The court also observed that just because a broker has signed the portion of the document specifying the commission agreement with the seller, it doesn't make the broker a party to the contract between the buyer and the seller and thus subject to an attorney fee provision.

What will the parties» legal rights and attorney fee provisions be in the event of a breach of contract.

Not exact matches

Among the less noticed features of the federal tax overhaul enacted late last year is a provision eliminating the deductibility of sexual harassment settlement payments and related attorney's fees if the parties agree to keep the settlement secret.

The Enrollment Program also authorizes a superior court to have jurisdiction over enrollees by allowing it to «appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets,» as well as authorizes the Commissioner of Business Oversight to «include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedingsattorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedingsAttorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedingsattorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings.»

Yes, a detailed promissory note, with due dates, interest, default provisions and attorneys fees is nice.

818 - A, in relation to the provision of attorney's fees under the New York City Human Rights Law; Intro.

Special Education & Disabilities: Whether parents who succeed on claim for reimbursement for private school tuition under IDEA's stay put provision are a prevail party entitled to attorneys» fees

Not only would it be a devastating loss financially, not only could it mean that they lose control over a sizable amount of their backlist, but if they do lose, the attorney fee - shifting provision means that they're holding both bags.

If we undertake collection or legal action to enforce our remedies or any arbitration provisions under the terms of this Agreement, you agree to pay our attorney's fees, expenses, and litigation costs to the extent permitted by law.

Given that this Agreement provides for mandatory mediation and arbitration, if any party commences litigation in violation of this provision, such party shall reimburse the other parties to the litigation for the costs and expenses, including attorneys» fees, incurred in seeking to abate such litigation and compel arbitration.

The state bar provisions of providing competent legal services and charging reasonable fees would also blanket many of the attorney fronted debt settlement companies.

By accepting points or rewards, or by accepting or using an RBC Bank credit card account, you agree to indemnify each of RBC Bank, Kobie Marketing, other program partners, and each of their respective officers, directors, employees, agents, affiliates and successors for any and all claims, damages, expenses, losses and causes of action (including attorney fees and court costs) incurred or suffered by any of the foregoing persons or entities and arising out of or relating to your breach of any provision of these Program rules, or any materials (regardless of form) that are provided by you.

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DIGITAL EXTREMES FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS» FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE PROPERTIES, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS AGREEMENT, THE EULA OR THE PRIVACY POLICY.

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.

The fee - shifting provision of The Magnuson - Moss Warranty Act requires the manufacturer to cover reasonable attorneys» fees if the plaintiff wins their case.

There, prevailing defendants tried to recoup $ 675,000 in attorney's fees under HOA / contractual fee shifting provisions, even though admitting the matter should have been litigated in small claims court.

Although indemnity exposure to a nonsettling defendant is certainly a factor to be gauged in the good faith determination calculus, PacifiCare could not recover fees under Health and Safety Code section 1371.25 given that the statutory provision's first sentence prevented plaintiffs from holding PacifiCare vicariously liable for Bright's conduct or for recovering the attorney's fees PacificCare incurred in its defense of plaintiffs» claims.

However the parenting plan provision will require extra work, which means extra fees for South Carolina family law attorneys.

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.

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.

Defendant then moved to recover $ 11,300 in attorney's fees under the DPA statutory provision, inclusive of the $ 2,160 discovery sanctions.

We take virtually every case that comes in through any of our three and four offices, and some of the cases have these attorney's fees provisions, so if we win, we get paid by the landlord.

Employers will need to weigh the additional costs of a nondisclosure provision, which include the tax on the settlement payment and related attorney's fees, and the value of a nondisclosure provision to the employer with respect to the specific claim asserted by an employee.

Under Florida law, contractual provisions for attorneys» fees and costs are strictly construed, meaning that enforcement of the provision will be limited to its own terms.

Employers will need to weigh the additional costs of a nondisclosure provision, which include the tax on the settlement payment and related attorney's fees, and the value of a

Assume for a moment that your contract contains a robust provision, free of latent deficiencies, thereby entitling the prevailing party to all attorneys» fees and costs incurred.

Finding no express provision for payment of attorney's fees or costs, the court completely rejected plaintiff's arguments for relief.

It is important to note that the ability to limit your maximum liability is only applicable to contract provisions, and does not apply to entitlement to attorneys» fees and costs pursuant to a state statute or court rule.

While attorneys» fees provisions are often negotiated or even excluded from a contract, many companies selling goods or providing services will include them in their contract templates.

The False Claims Act also has an anti-retaliation provision, which allows a whistleblower to recover, in addition to the reward for reporting fraud, double damages plus attorney fees for any acts of retaliation for reporting fraud against the government.

The prevailing party sought in excess of $ 4 million in attorney's fees pursuant to a contractual fee - shifting provision.

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?

Continue reading «Section 1717 and Prevailing Parties: Fourth District, Division One, Rules that Civil Code Section 1717's Prevailing Party Standard, Mutuality Principle, and Reasonable Fees Standard Apply to an Attorney's Fees Provision in a Consent Decree»»

S496 (Florida Supreme Court, June 30, 2005): Provision in prenuptial agreement that attorney fees would be awarded to prevailing party in any action to enforce agreement was enforceable.

As a general matter, the prevailing party in a lawsuit is not entitled to recovery of his attorney's fees unless there is a written contract that contains an attorney's fees provision.

Most mortgages and loan documents include a prevailing party attorney's fee provision, generally specifying only that the lender can recover its fees.

Contingent fee agreements must be in writing and include provisions for out - of - pocket expenses, which typically are paid by the attorney but paid back from any recovery, in addition to the fee for the attorney's services.

Guarantors defensed B of A's efforts to collect on the guaranty, with guarantors moving for attorney's fees under a fees clause in a contract having a New Mexico choice - of - law provision.

If any person knowingly violates any of the provisions of G.S. 84 - 4 through G.S. 84 - 6 or G.S. 84 - 9, fraudulently holds himself or herself out as a North Carolina certified paralegal by use of the designations set forth in G.S. 84 - 37 (a), or knowingly aids and abets another person to commit the unauthorized practice of law, in addition to any other liability imposed pursuant to this Chapter or any other applicable law, any person who is damaged by the unlawful acts set out in this section shall be entitled to maintain a private cause of action to recover damages and reasonable attorneys» fees and other injunctive relief as ordered by court.

Included in these laws is a provision that allows victims to sue for three times the amount of their damages and attorney's fees.

In the last couple of days, the appellate courts have grappled with when attorney's fees are awardable under Civil Code section 1717 when a contract is declared to be void (whether illegal or under another statutory provision).

Family Law Case Review Case: Robert A. Masters v. Leah Masters by Mike Kohlhaas, Bingham Greenebaum Doll HELD: An indemnification provision for violations of the parties» arbitrated Decree permitted Wife to recover appellate attorney's fees from Husband when Husband elected not to comply with a term of the Decree and instead pursue an appeal of it.

This appeal involved a lower court's decision to deny dueling attorney's fees requests from each side, under a Nevada fee - shifting statute that is different from California statute and more akin to CCP § 128.7 / older § 128.5 sanctions provisions.

Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $ 1000.00.

Plaintiff obtained a default judgment of $ 25,000, plus $ 144,103 in attorney's fees under Civil Code section 3426.4 (a fee shifting statutory provision applicable in trade secret cases), and $ 16,497 in costs.

A little - publicized provision of the tax law enacted last month bars companies from deducting one type of settlement as a business expense: settlement payments and associated attorneys» fees related to sexual harassment or abuse where...

Opposing attorneys were granted fees under a contractual fees clause in an operative settlement agreement between some of the parties (although the provision could encompass even another non-party attorney to the settlement agreement).

Compared to the Shield Act, the attorney's fees provision is watered down.

Provisions of a Separation Agreement may include the date of separation, child custody, visitation, child support, alimony, college contributions, use and possession of the family home, ultimate disposition of the family home, division of assets and liabilities, health insurance, life insurance, waiver of inheritance rights, attorney's fees and court costs.

Without limiting the generality or effect of other provisions of this Agreement, as a condition of use, you agree to indemnify, hold harmless, and defend Operator and its parents, subsidiaries, affiliates, licensors, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, «Indemnified Parties» and each, individually, an «Indemnified Party») against all costs, expenses, liabilities and damages (including reasonable attorney's fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your failure to comply with any applicable laws and regulations; and (ii) your breach of any of its obligations set forth in this Agreement.