Sentences with phrase «award of attorneys fee in»

Ct. 411 (2007)(leading case on the anti-SLAPP Act in the business and political lobbying context; upholding dismissal of claims and $ 80,000 award of attorneys fee in client's favor).

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; aIn 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; ain 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; ain all events bear its own attorneys» fees; and

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.

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.

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.

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-.

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.

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.

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.

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).

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.

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.

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.

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.

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.

Courts will not be inclined to award a spouse attorney's fees if they try to prolong the divorce, punish the other spouse with unnecessary litigation, or abuse the process of divorce in any other way.

Successfully represented a design and engineering firm in a trial against the project owner and construction lender concerning the validity and priority of its mechanic's lien over encumbrance of mortgager; obtained judgment for full amount and first priority of the lien, plus a substantial award interest and attorney's fees.

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.»

-- authored by Circuit Judge Hurwitz [majority decision] and concurring opinion by Circuit Judge Reinhardt; discussed in our Oct. 10, 2015 post: District court in Civil Asset Forfeiture Reform Act case which substantially reduced fee request was reversed based upon its reliance on inapt practice area hourly rates, upon its discounts for plaintiff's attorneys not delegating tasks to associates given that only small firms prosecuted these type of cases, and upon its use of stale prior fee awards involving fee claimant's attorneys.

The divorce judge awarded wife half the marital assets in the amount of $ 2.5 million dollars, plus $ 12,000 a month in spousal support and $ 35,000 for her attorney's fees and costs.

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]

The importer appealed to the Supreme Court, which held that in copyright cases the «objective reasonableness» of the losing party's legal position carries «substantial weight» in deciding whether to grant attorneys» fees to the winning party — but that factor alone is not dispositive: a party's litigation misconduct or «repeated» infringement or «overaggressive» enforcement of claims could also justify a fee award even if a party's legal argument was reasonable.

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

Rule 4:42 - 9 (a)(6) provides for the award of attorney's fees to a successful claimant in an action upon a liability or indemnity policy of insurance.

(The court can also award costs and reasonable attorney's fees to the prevailing party in this type of case.)

Class Action Attorney Fee Digest Blawg is an offshoot of the Class Action Attorney Fee Digest, which collects class action attorney fee award information that is reported in subscription - based publAttorney Fee Digest Blawg is an offshoot of the Class Action Attorney Fee Digest, which collects class action attorney fee award information that is reported in subscription - based publicatiFee Digest Blawg is an offshoot of the Class Action Attorney Fee Digest, which collects class action attorney fee award information that is reported in subscription - based publAttorney Fee Digest, which collects class action attorney fee award information that is reported in subscription - based publicatiFee Digest, which collects class action attorney fee award information that is reported in subscription - based publattorney fee award information that is reported in subscription - based publicatifee award information that is reported in subscription - based publication.

There is a substantial body of case law that requires attorney fee awards pursuant to statutes or fee shifting agreements in contracts to be calculated based on an hourly fee.

In my experience lawsuits are not consistently a good economic investment at less than $ 75,000 U.S., but in limited jurisdiction courts the process is much cheaper, the vast majority of lawsuits are resolved with defaults, and in any almost any written contract it is possible to insure that the prevailing party will be awarded attorneys» fees and court costs in addition to the damages awarded (this is the default rule in England and many other countries, but not in the U.S.A.In my experience lawsuits are not consistently a good economic investment at less than $ 75,000 U.S., but in limited jurisdiction courts the process is much cheaper, the vast majority of lawsuits are resolved with defaults, and in any almost any written contract it is possible to insure that the prevailing party will be awarded attorneys» fees and court costs in addition to the damages awarded (this is the default rule in England and many other countries, but not in the U.S.A.in limited jurisdiction courts the process is much cheaper, the vast majority of lawsuits are resolved with defaults, and in any almost any written contract it is possible to insure that the prevailing party will be awarded attorneys» fees and court costs in addition to the damages awarded (this is the default rule in England and many other countries, but not in the U.S.A.in any almost any written contract it is possible to insure that the prevailing party will be awarded attorneys» fees and court costs in addition to the damages awarded (this is the default rule in England and many other countries, but not in the U.S.A.in addition to the damages awarded (this is the default rule in England and many other countries, but not in the U.S.A.in England and many other countries, but not in the U.S.A.in the U.S.A.).

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.

For purposes of this hypothetical, the trier of fact awards damages to the plaintiff in the amount of $ 25,000, and each party incurred a total of $ 50,000 in attorneys» fees and costs, with the losing party being responsible to pay the entire $ 125,000.

August 31 was a day in which two decisions were issued by Courts of Appeal, both demonstrating the deference that trial and appellate courts will give to arbitration attorney's fees awards.

(BLOG OBSERVATION — In the Ninth Circuit, class counsel can be awarded attorney's fees under either a lodestar or straight percentage of settlement fund approach.

In addition to the custodial parent being found in contempt and the non-custodial parent being awarded make - up visitation, the family court should award the non-custodial parent all of his or her attorney's fees and costs for documenting this contempIn addition to the custodial parent being found in contempt and the non-custodial parent being awarded make - up visitation, the family court should award the non-custodial parent all of his or her attorney's fees and costs for documenting this contempin contempt and the non-custodial parent being awarded make - up visitation, the family court should award the non-custodial parent all of his or her attorney's fees and costs for documenting this contempt.

If you are going to litigate, you must be prepared to lose, and while you may not be able to control an award of damages because that amount is determined by the trier of fact, the ability to control your potential liability with regard to the opposing party's attorneys» fees and costs is squarely in your hands when you are drafting a contract.

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.