Sentences with phrase «party fee provisions»

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.

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.

Not exact matches

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

Among the less noticed features of the federal tax overhaul enacted late last year is a provision eliminating the deductibility of sexual harassment settlement payments and related attorney's fees if the parties agree to keep the settlement secret.

Personal information will only be passed on to third parties if necessary to provide the service offered (e.g. payment processing for fee - based memberships), and if you have given us your consent or disclosure in accordance with relevant statutory provisions that are required or permitted (e.g. if we have to comply with a request, a governmental investigative or security agency).

Personal information will only be passed on to third parties if necessary to provide the service offered (e.g. payment processing for fee - based memberships), or if you have given us your consent or disclosure is required in accordance with relevant statutory provisions that are required or permitted (e.g. if we have to comply with a request, a governmental investigative or security agency).

Personal data will only be passed on to third parties if necessary to provide the service offered (e.g. payment processing for fee - based memberships), and if you have given us your consent or disclosure in accordance with relevant statutory provisions that are required or permitted (e.g. if we have to comply with a request, a governmental investigative or security agency).

Special Education & Disabilities: Whether parents who succeed on claim for reimbursement for private school tuition under IDEA's stay put provision are a prevail party entitled to attorneys» fees

Given that this Agreement provides for mandatory mediation and arbitration, if any party commences litigation in violation of this provision, such party shall reimburse the other parties to the litigation for the costs and expenses, including attorneys» fees, incurred in seeking to abate such litigation and compel arbitration.

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.

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.

Mar. 24, 2016)-- joint opinion by Circuit Judges O'Scannlain and Ikuta as well as District Judge Burns (sitting by assignment); discussed in our Mar. 28, 2016 post: Prevailing party in bankruptcy non-dischargeability action is not entitled to recover fees under either California Civil Code section 1717 or ERISA's fee shifting provision.

1979 (2016): SCOTUS sets forth flexible factors to be weighed for purposes of district judges awarding fees to a prevailing party under the Copyright Act's fee - shifting provision, 17 U.S.C. § 505.

This article will discuss the latent deficiencies of the prototypical prevailing party fee and cost provision, the potential unintended consequence of including a well - drafted prevailing party provision that does not limit the recover to a certain amount, and finally, conclude by providing the reader with sound legal advice.

These options include a first party model of provision whereby the driver's own insurer provides the replacement vehicle regardless of cost; a regulatory model intended to introduce the formal regulation of credit hire providers which would permit the capping of costs and a ban on referral fees; an industry code of conduct which would build on the existing GTA; or a «competitive offer» model allowing the at - fault insurer to provide the vehicle at lower cost if they can do so.

Assume for a moment that your contract contains a robust provision, free of latent deficiencies, thereby entitling the prevailing party to all attorneys» fees and costs incurred.

Brinkley Morgan Legal Talk Blog, July 15, 2015 «E-Discovery: A Beginner's Guide to Electronic Discovery,» Brinkley Morgan Legal Talk Blog, Feb. 20, 2015 «The Prototypical Prevailing Party Fee and Cost Provision: Friend or Foe?»

Bearing that in mind, prevailing party fee and cost provisions must include clear, unambiguous language as to exactly what the parties intended.

Statutory Fee - Shifting Provisions Can Have Real Force In A Case For A Prevailing Party, Even If The Compensatory Damages Award Is Much Less Than Requested Fees.

The prevailing party sought in excess of $ 4 million in attorney's fees pursuant to a contractual fee - shifting provision.

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»»

S496 (Florida Supreme Court, June 30, 2005): Provision in prenuptial agreement that attorney fees would be awarded to prevailing party in any action to enforce agreement was enforceable.

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.

So, too, no fees or costs were covered by Labor Code section 2802, because that provision only required the employer to cover third - party claims arising out of a lawsuit against the employee arising out of the course and scope of her employment, again not encompassing expenses incurred in responding to law enforcement investigations.

Here, Prevailing Party Sought CCP § 128.5 Sanctions, Such That Fee Request Proper In Responding Papers — No Notice Of Motion Under Other Provisions Required.

Family Law Case Review Case: Robert A. Masters v. Leah Masters by Mike Kohlhaas, Bingham Greenebaum Doll HELD: An indemnification provision for violations of the parties» arbitrated Decree permitted Wife to recover appellate attorney's fees from Husband when Husband elected not to comply with a term of the Decree and instead pursue an appeal of it.

The TUC is calling on the government to adopt a series of measures including: abolishing employment tribunal fees to give more people access to justice; reinstating provisions in the Equality Act which placed a duty on employers to protect workers from third party harassment; giving employment tribunals the power to make wider recommendations; and extending the full range of statutory employment rights to all workers.

Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $ 1000.00.

Opposing attorneys were granted fees under a contractual fees clause in an operative settlement agreement between some of the parties (although the provision could encompass even another non-party attorney to the settlement agreement).

Judges can shift fees only if the winner shows that the losing party was unreasonable; the Innovation Act's provision has shifting as the default.

It includes a provision that would, in certain circumstances, shift fees away to winning parties from the troll who brought the suit and lost.

The provisions of Sections (Terms and Fees) hereof shall survive termination of this Agreement for whatever cause, including, but not limited to the mutual agreement to terminate this Agreement by both parties hereto.

Without limiting the generality or effect of other provisions of this Agreement, as a condition of use, you agree to indemnify, hold harmless, and defend Operator and its parents, subsidiaries, affiliates, licensors, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, «Indemnified Parties» and each, individually, an «Indemnified Party») against all costs, expenses, liabilities and damages (including reasonable attorney's fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your failure to comply with any applicable laws and regulations; and (ii) your breach of any of its obligations set forth in this AgreeParty») against all costs, expenses, liabilities and damages (including reasonable attorney's fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your failure to comply with any applicable laws and regulations; and (ii) your breach of any of its obligations set forth in this AgreeParty in connection with any third party claims arising out of: (i) your failure to comply with any applicable laws and regulations; and (ii) your breach of any of its obligations set forth in this Agreeparty claims arising out of: (i) your failure to comply with any applicable laws and regulations; and (ii) your breach of any of its obligations set forth in this Agreement.

If not, a tenant should make sure their lease has an attorney provision that provides for the «prevailing party» to recover attorney fees and not just attorney fees for the landlord.

Today, most residential lease agreements in Florida have provisions that allow for the recovery of legal fees for the prevailing party in a landlord - tenant lawsuit.

Occasionally, a provision providing that the breaching party pays the nonbreaching party's attorney's fees can move the breaching party to honor the contract.

This amendment was a legislative reaction to the Court of Appeals holding in J.L. Holding Company v Reis (240 N.Y. 424) interpreting the fee splitting provisions of Section § 442 as not prohibiting a real estate broker from paying a portion of its fee to a buyer or seller in a transaction as such buyer or seller was not required to be licensed to provide service, help or aid in relation to the transaction to which they were a party.

ATTORNEY»S FEES AND COSTS: If a dispute arises by and between the parties or involving the subject matter of this Agreement and litigation is commenced to enforce the provisions herein or interpret the provisions herein, the prevailing party shall be due its reasonable attorney's fees and litigation costs, including appellate attorney's fees and costs by the non prevailing paFEES AND COSTS: If a dispute arises by and between the parties or involving the subject matter of this Agreement and litigation is commenced to enforce the provisions herein or interpret the provisions herein, the prevailing party shall be due its reasonable attorney's fees and litigation costs, including appellate attorney's fees and costs by the non prevailing pafees and litigation costs, including appellate attorney's fees and costs by the non prevailing pafees and costs by the non prevailing party.

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.

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