Sentences with phrase «prevail in their civil claims»

Not exact matches

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-.

The trial judge later granted a JNOV motion in HOA's favor on the nuisance claim, subsequently awarding HOA $ 707,117 as the prevailing party under Civil Code section 5975.

2205 (2011)[U.S. Supreme Ct.]; author — Justice Kagan: «But for» test applies when determining whether a prevailing defendant should recover fees in a plaintiff's civil rights suit involving both frivolous and nonfrivolous claims, rejecting the district court's use of a «focus» test.

A prevailing alter ego defendant was awarded $ 134,469.36 out of a requested $ 353,047.50 in attorney's fees based on Civil Code section 1717 and the Reynolds case [one of our Leading Cases], but was denied recovery of fees for successfully defending on a fraud claim in a multi-phased trial.

The lower court, based on Civil Code section 3426.4 (allowing fee - shifting to a prevailing party if a trade secret claim of misappropriation is made in bad faith), awarded $ 735,781.27 in fees to defendants — comprised of a $ 535,215 lodestar augmented by a 1.3 positive enhancement for excellent defense work.

Under California Civil Code section 3426.4, «[if] a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorney's fees and costs to the prevailing party.»