Sentences with phrase «for attorneys fees awards»

These two rulings, combined, will lay out the new «rules» for attorneys fees awards moving forward.

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 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.

If an action is dismissed with prejudice for lack of standing, the defendant will be considered the prevailing party and attorney's fees can be awarded under 35...

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.

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 suit seeks to declare Mr. Cruz ineligible for president, to provide a more precise definition of «natural born citizen» and to award Mr. Fischer reasonable costs, expenses and attorney fees.

The «second tier» mandates the award of attorney fees when a party denied access to records «has substantially prevailed» and the court finds that «the agency had no reasonable basis for denying access.»

Bills in the package would also raise civil penalties for Violations And Create An Avenue for Housing Courts to award statutory, compensatory and punitive damages as well as attorney's fees and costs for harassment cases.

However, if any party prevails on a statutory claim that affords the prevailing party attorneys» fees, or if there is a written agreement providing for payment or recovery attorneys» fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

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-.

«School districts should not have to fear paying unwarranted attorneys» fee awards when making educational decisions about placements and services for children with disabilities.»

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.

the IRS took approximately one year and 9 months to discover its error and failed to respond to the debtors claim for an award of attorney's fees.

It was later awarded an additional $ 3.6 million by the court for attorneys» fees and has continued to earn interest since this time.

In a successful lawsuit, the court will award you court costs and a reasonable amount for attorney's fees.

However, if any party prevails on a statutory claim that affords the prevailing party attorneys» fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

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).

an award of costs and attorney fees to prevailing parties if a meritless suit is dismissed (with an exception for the government); and

David: Yes, for instance, costs and attorneys» fees may be awarded when a surety or insurer is a defendant.

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 otheFor 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 othefor 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 othefor 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.

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.

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.

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.

Under Wisconsin's Lemon Law, if the manufacturer fails to provide a comparable vehicle or refund for a «lemon» within 30 days of the vehicle owner's request, the law requires the courts to award him or her double any pecuniary loss, together with costs, disbursements and reasonable attorney fees.

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.

As far as reasonableness of fees, the trial judge did discount for duplicative work between the two attorneys» SLAPP motions, including a substantial reduction for attorney # 2's fees — inefficiency / duplicative efforts were indeed factored into the ultimate awards.

If so, our divorce attorneys can help to determine if you may be a good candidate for an award of need - based attorney's fees.

The amount of money that is awarded for these damages is usually determined by a jury, although a judge must often approve the final verdict, sometimes adding interest and attorney's fees to the total.

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.

-- 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.

The importer asked the lower courts to award attorneys» fees, but the courts refused, finding that the publisher's legal position in pursuing a claim for copyright infringement was not objectively unreasonable.

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]

Furthermore, the Court cited last term's Octane Fitness decision in again endorsing attorney fee awards as sanctions for frivolous infringement suits:

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.

2014) is a situation where a Massachusetts appellate court held that trial judges have discretion to award attorney fees for work performed by in - house counsel for claims brought under the state's unfair trade practices law.

A spouse who wants to request an award for attorney's fees must file a request for order with the appropriate court.

This means that attorney's fees can be awarded under Section 2030 even if one spouse could pay for (arguably less powerful) legal representation.

Two months ago, Judge Gale awarded OTB $ 38,000 in attorneys» fees as sanctions for the Doan firm's failure to comply with discovery orders, as is described on the North Carolina Business Litigation Report blog.

But elsewhere in February, federal judges in two states slapped separate Medtronic divisions with huge attorneys» fees awards over their litigation tactics in patent cases — one in Massachusetts for $ 10 million - plus and another in Colorado expected to total several million dollars.

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.

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 contempt.

Intended as an informational meeting for the family, one of our personal injury attorneys will discuss the particulars of your case, estimate the potential award you can recover, advise your next steps to be taken, and if our services are warranted, explain the fees we charge.

It also helps eliminate the incentive to litigate a meritorious claim with a relatively nominal amount of damages because it simply does not make economic sense for a party's attorneys» fees and costs to exceed the potential award of damages.

Initially, Justice Cantil - Sakauye observed that the right to receive attorney's fees awards for securing compensation for injured workers is vested in the Legislature by the California Constitution, with the Legislature vesting these determinations with the WCAB.

Statistics show that most of the time, a good injury accident attorney will more than pay for his or her own fee by the increased settlement or award he or she will get you.