Sentences with phrase «fee provision»

The case also illustrates how vital getting documents into evidence in breach of contract cases and the paramount importance of clear prevailing party fee provisions in written agreements.

Many consumer rights statutes contain attorney's fees provisions which enable this firm to represent consumers in a cost - effective manner.

Brinkley Morgan has successfully utilized prevailing party fee provisions that limit recovery to a fixed amount, and we have found that such a strategy deters protracted litigation, thereby encouraging parties to resolve disputes through mediation.

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.

In 2014, Justice Alito observed in Harris v. Quinn, that, «Agency - fee provisions unquestionably impose a heavy burden on the First Amendment interests of objecting employees.»

The trial judge found section 1717 inapplicable to the unilateral fees provision in the Consent Decree, but alternatively found that even if section 1717 applied, the People prevailed because they won on a «significant issue» in the litigation.

Was the Alaska fee provision substantive or procedural for choice of law purposes?

The provision of the Dodd - Frank Act that established parameters for which mortgage loans are classified as «high cost» included more flexible annual percentage rate (APR) and points and fees provisions for small loans.

Washington — The U.S. Supreme Court last week agreed to review a federal appeals court's nullification of the agency - fee provisions of the contract negotiated in 1982 by the Chicago Board of Education and the city's local chapter of the American Federation of Teachers.

Note the peculiarities of the attorney's fees provision in the Consent Decree.

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

But the attorneys» fees provision would not allow awards to be given for ignored requests or missed deadlines, a big step back from what the Legislature had agreed to in 2015.

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.

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.

Generally, unless a New Jersey business contract contains an attorneys» fees provision (or a statute or Court rule otherwise provides), a business can not collect attorneys» fees from its customer in addition to whatever amounts are owed.

These provisions include limitations on liability, tailored warranties with specific limited remedies and an appropriate disclaimer, choice of forum and attorneys» fees provisions.

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»»

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.

2013) 718 F. 3d 1052 (the mere risk that plaintiff will face prohibitive costs is too speculative to justify invalidating arbitration agreement), on the ground that the fee provision was not speculative and there were other unconscionable terms.

In theory, this fee provision should deter aggressive and frivolous litigation by non-practicing entities (so - called patent trolls), by emboldening companies being sued by the trolls to stand their ground and fight back, instead of settling.

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