Without
fee awards against the lawyers, abusive patent trolling will continue to flourish.
In a complicated construction dispute between window subcontractor and other construction professionals sued for equitable indemnity and contribution, the Fourth District, Division 1 reversed and affirmed
some fee awards against window subcontractor after overturning a judgment on the pleadings, affirming a summary judgment as to one party, and giving effect to a prior appellate decision overturning judgments in favor of the parties sued by window subcontractor.
The District Court denied Kirtsaeng's motion, giving» «substantial weight» to the «objective reasonableness» of Wiley's infringement claim,» and stating that» «the imposition of
a fee award against a copyright holder with an objectively reasonable» - although unsuccessful - «litigation position will generally not promote the purposes of the Copyright Act,»» and that no other factors «outweighed» that objective reasonableness to warrant fee - shifting.
Eighth Circuit Reverses Nearly $ 4.7 Million
Fee Award Against EEOC, But Prevailing Party Issue Looks To Predominate.
Not exact matches
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
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.
INDEMNIFICATION You shall indemnify, defend and hold harmless Founding Moms, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and
against any and all claims, demands, proceedings, losses, costs, damages,
awards,
fees, expenses, or liabilities of any nature («Claim») arising out of or in the relation to (i) your violation of any law or the rights of a third party (ii) any breach of this Terms of Service by you, your officers, agents, employees, contractors and / or representatives and (iii) your use of the Services.
One would have limited the time an agency can delay a court - ordered release of information while drafting an appeal to two months; the other would have let judges
award attorney
fees to individuals who win cases
against agencies that deny them information.
The other measure would require courts to
award attorneys»
fees to individuals who prevail in lawsuits
against agencies that deny them records.
It will almost certainly involve paying a
fee and also has a small risk of having costs
awarded against you.
There are also additional
fees (unless you qualify for them to be waived) and a chance of having the bank's potentially substantial costs
awarded against you if you aren't in the small claims system.
Just because you are with a claims handler, even a no win no
fee, it is unlikely to mitigate the risks of claiming — in other words that you can lose your
fee and if you're not in the small claims track there is a potential to have costs
awarded against you.
If you qualify, the rebate will be
awarded to you and will appear as a credit
against the applicable annual
fee (s) within two statements.
This is one of the best reasons to use the Venture card, because it allows you to use credit card rewards for things you would usually not be able to redeem points or miles
against, such as buses, small bed - and - breakfasts, apartment rentals, and
award ticket
fees and surcharges.
After determining which
fees and taxes apply to your
award ticket, you can add up the numbers and check them
against the price quoted by the airline when you book your
award.
You have to weigh paying a lower annual
fee against having to use more of your miles to redeem for
award travel.
The United States Court of Appeal has ruled
against Silicon Knights» appeal of a lower court decision which
awarded a total of $ 9.2 m in damages and legal
fees to Epic Games.
In a decision that could have major effects on the process of authenticating artworks in the United States, a New York Supreme Court judge has dismissed a lawsuit
against Pace Gallery founder Arne Glimcher and the Agnes Martin catalogue raisonné committee, and
awarded them the cost of their legal
fees, Artnet News reported.
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.
Actual build cost # 1,022 per sqm excluding preliminaries, externals and
fees Passive house certification: Certified Space heating demand (PHPP): 14 kWh / m2 / yr Heat load (PHPP): 9 W / m2 Primary energy demand (PHPP): 108 kWh / m2 / yr Environmental assessment method: Code for Sustainable Homes Level 4 Other standards &
awards: The houses also deliver
against the Homes and Communities Agency's housing quality indicators, while complying with the Joseph Rowntree Lifetime Homes standard and achieving 14 points under CABE's Building for Life standard.
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.
Click2Boost is a sobering lesson to assigning parties that
fee awards can be issued
against them jointly and severally.
Federal Rule of Civil Procedure 45 (c)(1) allows a district judge issuing a subpoena to
award appropriate sanctions, including lost earnings and reasonable attorney's
fees,
against a party or attorney responsible for issuing and serving a subpoena that imposes «undue burden or expense» on a person subject to the subpoena.
What happened here is that plaintiffs won a total of $ 588,000 on intentional and negligent misrepresentation claims and then also obtained
fee awards of about $ 270,000
against a couple of the tortfeasors.
Cost
awards are the amount of monies that a Court
awards one litigant
against another as a contribution towards legal
fees incurred.
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.
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 lower court nevertheless
awarded $ 456,522.20
against all defendants (including the individual defendants), jointly and severally, out of a requested $ 570,653.13 in
fees.
Plaintiff also won a $ 503,450.02
fee award and $ 31,679.08 costs
award against both defendants.
It
awarded Davis Malm's clients over $ 220,000 in attorneys
fees and costs incurred in defending themselves
against the minority shareholders claims at trial.
A lawyer who sued her former client for $ 3,937.50 for unpaid legal
fees has had $ 7,000 in costs
awarded against her, and the matter has yet to reach trial.
The arbitral
award shall indicate a time - limit for voluntary compliance by the defaulting party, and shall set a daily
fee and post-
award interests to accrue thereafter
against the non-compliant party.
The Ninth Circuit affirmed the
fee award as
against all defendants but T - Rack.
1749 (2014) has been a real game changer as far as increasing the case - by - case discretion conferred on district judges to determine if a case is exceptional for purposes of
awarding fees against a losing patent infringement litigant.
While I'm less worried about being found in contempt for arguing with a judge than I used to be (the 2003 addition of «civility» to the oath attorneys and judges are required to take has changed judges» behavior more than it has attorneys» because some judges were perpetually officious prior to this civility requirement), I still don't want to risk a judge ruling
against my client's position or failing to
award my client
fees because that judge feels I treated him or her rudely.
On the first one where $ 440,473 in
fees was sought, the trial judge made some lodestar reductions for efficiency and deduction of hours spent
against defendants for which no recovery was had, and then made a.4 further reduction for limited success in the case, bringing the
fee award down to $ 167,116.32.
5 Jul. 28, 2014)(unpublished), is an interesting one involving affirmance of an arbitration
award in favor of a well - known L.A. law firm and
against a sophisticated ex-client defendant, especially focusing on a very broad arbitration clause allowing for
fee recovery in any dispute and for a Trope waiver.
The lower court found ex-employee's failure to accept carrier counsel was unreasonable and that his requested
fees / costs through his chosen counsel were not necessary expenditures,
awarding only $ 1,980 in
fees / costs as
against employer under section 2802.
The defense was then
awarded over $ 1.79 million
against plaintiff based on a
fees clause in a written Stock Purchase Agreement.
Trial Court's
Award Of $ 45,472 To Times Under PRA Affirmed On Appeal, With Times Now Getting To Seek Reasonable
Fees Against Officers / Police Union Under CCP § 1021.5.
«Costs / Section 998: $ 31,955.68 Costs
Award, Many Predicated On Successful CCP 998 Offer, Affirmed On Appeal Main Liens For Attorney
Fee / Quantum Meruit: Discharged Attorneys In Class Action Not Entitled To Pursue Conversion Or Common Counts
Against Successor Attorneys Without First Proving Entitlement To Attorneys Lien
Against Client»
This next case deals with contractual
fee awards under Civil Code section 1717 and
fees assessed
against a party that lost a lis pendens expungement motion.
What happened below was that a trial judge erroneously failed to honor plaintiff's dismissal of an action, striking it and then going forward to
award discovery sanctions and attorney's
fees against plaintiff and in favor of the defendant.
With respect to the plaintiff's successful default judgment
against the defendant, Robert Card, the plaintiffs were
awarded $ 9,346.36 inclusive of
fees, disbursements and GST.
Counsel who wish to argue that a cost
award against their client should consider the deductibility of legal
fees by the recipient will bear the onus to set out for the judge what the impact of the deduction will be.
On Tuesday, May 29, 2012, the United States Supreme Court granted certiorari from the Tenth Circuit's decision in Marx v. General Revenue Corp., U.S. No. 11 - 1175, to determine whether a prevailing defendant can be
awarded routine costs (not attorney's
fees)
against a losing plaintiff in a Fair Debt Collection Practice Act (FDCPA) case where the plaintiff was found to have brought the suit in good faith.
On Jan. 27 this year, the arbitrator in this case «entered an interim
award ordering an accounting
against Napoli Bern Ripka & Associates LLP for
fees the firm received on cases referred by the plaintiff's referral sources,» the motion states.
A court can also
award attorney
fees and expenses
against a parent who pursues a frivolous or vexatious court action.
Winning litigant prevailed
against vexatious litigant in the retaliatory eviction cross-claim, justifying the
fee award.
We recall one Federal suit
against the Judicial Conduct Commission in which the Federal Court in Louisville
awarded costs and attorney
fees to the successful party of about $ 20,000.