Plaintiff made a technical argument that Bank waived a right to claim fees by not checking a box in its costs memorandum indicating it would be claiming fees; this one was rejected for a lack of prejudice — there was
a filed fee motion which was brought and fully contested such that there were no due process concerns.
Not exact matches
«We have started the
motion of talking to our lawyers to get the processes of
filing for contempt because our relief was to have the EC not to accept any
filing fee and since they have accepted our
filing fee, they are in contempt of the injunction,» Mr Brew Hammond told Citi News.
BlackRock
filed an answer and
motion to dismiss an excessive -
fee lawsuit alleging that two BlackRock funds charge higher
fees than comparable funds subadvised by BlackRock.
There will be a
filing fee for the
motion to evict and a
fee for the sheriff to deliver the
motion to your tenant.
Once the Plaintiff signs the
Motion to re-open and dismiss, bring the form to the court and pay the
filing fee.
Now the company has
filed a
motion to get their case dismissed without prejudice, which would mean Digital Homicide can recoup its court
fees.
The Court should grant Mann the costs and attorneys»
fees incurred
filing this
motion.
Back in March, we mentioned that Pillsbury was the subject of a
motion filed by the U.S. Trustee to disqualify the firm from representing Sonic Boom and to force it to disgorge
fees earned.
As laid out in the appellate opinion, plaintiff ‟ s counsel and defendants ‟ counsel agreed to multiple extensions of plaintiff ‟ s time to
file a
motion for attorney
fees on appeal, while they were trying to settle the amount owed.
Under California Rules of Court, however, any stipulation to extend the time for
filing a
motion for attorney
fees on appeal must be
filed with the court before the original time has expired.
Motions for interim attorney
fees, spousal support and child support may all be
filed early on in the divorce process.
A
file of complete and thorough notes are gold when you have to detail your work for an ethics or malpractice claim, to work through a billing dispute, to transfer a
file to another lawyer, to prepare a declaration in support of a
motion for legal
fees, etc..
Plaintiff
filed a
motion in Superior Court for determination of the lien amount, and the judge determined that HPHC should bear a proportional share of the attorney's
fees, namely one - third as provided by the plaintiff's contingent
fee agreement.
In setting the
fees at less than a third of what GMG wanted, LaVigne said she had taken into account the lack of progress towards a plan of arrangement, the relatively routine nature of the CCAA proceedings, superfluous
motions filed by GMG, as well as over-lawyering on the matter.
Filing unnecessary
motions, refusing to cooperate, or otherwise lengthening the time in which it takes to finalize a divorce can drive up attorney's
fees and court costs.
If I offer a fixed - price «contested» divorce, for example, then the incentive for the client is to make full - use of that pricing model and to regularly and repeatedly want to: 1) talk about their case (i.e., their evil spouse's latest antics) on the phone or in - person; 2)
file more
motions to get their spouse to do something, to prevent their spouse from doing something, or to object to something the court ruled; 3) send more «demand letters» or make more phone calls to the opposing party or their attorney to tell them to return the car seat, or to complain that they dropped off the child 15 minutes late, etc; and 4) respond to ad hoc
motions from the other side (
motions for attorney's
fees,
motions to compel discovery,
motions for summary disposition,
motions to enforce, etc).
If they want to bring a second
motion, they'd have to pay a higher
filing fee.
There appears to be some risk by the defendant in
filing a
motion to dismiss because if the court denies a
motion to dismiss, the defendant may also be liable for the plaintiff's attorney's
fees.
Unless one
filed a specific request for advance suit costs, at most
motions for temporary relief the family court will only award
fees (if it awards
fees) that cover work done through the
motion for temporary relief.
After the family court issued a final order awarding her $ 500.00 per month in permanent periodic alimony, Wife
filed a
motion pursuant to Rule 59 (e), SCRCP, requesting the family court reconsider its decision to not award her attorney's
fees and credit her the payments she made on the second mortgage.
Motions or petitions
filed by one party at one time shall be assessed one
fee.
The $ 25.00
filing fee for the
motion is only a minute part of the cost of such
motions.
«Deadlines, Special
Fee Shifting Statutes: Although Timely
Filed,
Motion For Defense Costs Under CCP § 1038 Properly Awarded To Defendant California Highway Patrol Winning Summary Judgment
Motion Main Construction: California Supreme Court Decides That Prompt Payment Statutes Relating To Direct Contractor - Subcontractor Retention Withholdings Can Only Relate To The Relevant Specific Payment Otherwise Due Rather Any Dispute Between The Parties»
To perfect a
fee claim, you must
file a separate post-judgment
motion for
fees, unless the final judgment itself determines entitlement.
In the context of the student unrest over proposed increases in university tuition
fees, the Applicant, Jean - François Morasse,
filed a
motion under Québec's art. 53 C.C.P. asking the Respondent, Gabriel Nadeau - Dubois, be cited for contempt of court.
Some solutions proposed are: rationing of judicial time for example by assigning a fixed number of
motions to each proceeding; charging higher
filing fees for additional
motions; penalizing obstructionist conduct through multiples of indemnification costs; awarding priority dates to well - run litigation; more
motions in writing; higher
filing costs for longer hearings; more aggressive use by the Bench of rules that permit judges to control the court process such as time limits for evidence in chief and cross, and some outsourcing of judicative functions.
When these negotiations broke down, Lowenstein
filed a
motion to withdraw from the cases, essentially abandoning their clients in the middle of the cases, and after billing and collecting close to $ 400,000 in legal
fees and costs.
[57][58] Unless there is an actual trial or judgment, if there is only pre-trial
motion practice such as motions to dismiss, attorney fee shifting can only be awarded under FRCP Rule 11 and it requires that the opposing party file a Motion for Sanctions and that the court issue an order identifying the sanctioned conduct and the basis for the san
motion practice such as
motions to dismiss, attorney
fee shifting can only be awarded under FRCP Rule 11 and it requires that the opposing party
file a
Motion for Sanctions and that the court issue an order identifying the sanctioned conduct and the basis for the san
Motion for Sanctions and that the court issue an order identifying the sanctioned conduct and the basis for the sanction.
Supported 4 attorneys accurately generating /
filing pleadings,
motions, position statements and
fee agreements.
Each state has its own forms,
filing fees and other requirements for
filing a request to change your child's custody order, usually called a «
motion to modify custody.»
There will also be a
fee if you have to
file a
motion to have the court decide issues such as support or custody while your divorce is pending.
However, if the court grants your
motion, you will not receive any of your court
fees back and will have to
file a brand new divorce petition if you later change your mind.
Return the
motion to the clerk and pay the
filing fee.
Divorce attorneys charge hourly rates of $ 75 to $ 400, depending on the type of work done, or flat
fees varying from about $ 200 for
filing a
motion to $ 10,000 - $ 25,000 for handling all aspects of a divorce.
Contempt actions may request not only make up visitation, but also attorney
fees for
filing the
motion.
The new 2007 Colorado divorce laws also increase
filing fees for
motions to modify or change previous Colorado family law or divorce orders.
The MLS
filed a
motion seeking judgment in its favor, and the trial court entered judgment in favor of the MLS and awarded the MLS attorney's
fees.
Once the pleadings have been served upon the defendants (the competing claimants for the deposit) and their (twenty day) time to answer has elapsed, the broker as stakeholder can
file a
motion for exoneration and payment of the costs and
fees of the action.
9 DOS 94 Matter of DOS v. Shane -
motion for pre-hearing discovery beyond SAPA 401 (6) is denied; rules re: subpoenas in administrative proceedings reiterated; proper procedure of reserving right to
file post-hearing memorandum of law; MLS form listing agreements are acceptable; individual license not sufficient to allow acting as representative of corporate licensee - need affiliated license; agreements procured by individual acting under name of firm but without affiliated license are illegal and unenforceable - no brokerage
fee can be claimed; misrepresentation and execution of unauthorized extension; misrepresentation of law (distinction between canceling agency authority and abiding contract rights); RPL § 443 controls the disclosures required of licensees; subsequently licensed corporation not vicariously liable; failure to provide copy of agreement (19 NYCRR 175.12); inadvertence considered in determining penalty
However, in a later
motion filed by the Buyers seeking attorneys»
fees pursuant to the act, the court declined to award the Buyers these
fees under the act because the Buyers had failed to submit sufficient evidence to the court to allow to make an award.