Ms. Baum also obtained a judgment for her client for attorney's fees as
a prevailing party in the case.
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.
«Nor,
in many
cases, can such an adjustment be made at all without taking into view indirect and remote considerations, which will rarely
prevail over the immediate interest which one
party may find
in disregarding the rights of another or the good of the whole.»
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.
Circuits are divided over whether an attorney's time travel travel time is compensable for the
prevailing party in a § 1983
case.
More recently, Mr. Russ represented the
prevailing parties in several major apparel
cases.
(The court can also award costs and reasonable attorney's fees to the
prevailing party in this type of
case.)
A
prevailing party could recover compensatory economic damages, non-economic damages (i.e. pain and suffering) and punitive damages,
in most
cases.
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.
Another general rule is that when the
parties make legal arguments, orally or
in writing, and the court makes no conclusions of law, the court is presumed to have adopted the conclusions of law advanced by the
prevailing party if that is consistent with the court's ultimate resolution of the
case.
When the moving
party's brief was more readable, the moving
party was typically more likely to
prevail, as we found the readability score variable significant at the.05 p - level
in three of four models.100 The only model where this score was not significant at a tested p - level was based on the isolated sample of state court
cases.101
The district judge held the City to its settlement agreement position that plaintiff was to be deemed a
prevailing party, which was also shown by the excellent results obtained by her anyway
in a
case that was on the edge of trial.
That same year,
in Los Angeles, a trial judge allowed a
prevailing party to include $ 24,000 paid to the trial technician operator
in their cost memo to recover from the other side, even though that is not one of the enumerated recoverable costs and there was actually
case law against including it.
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.
The Court heard oral argument this morning
in Astrue v. Ratliff, a
case challenging the Eighth Circuit's determination that fees awarded to a
prevailing party under the Equal Access to Justice Act belong to the attorney, not the client.
The court held that the
prevailing case law provides that «it is the wording of the contract
in respect of termination that governs, rather than the actions of the
parties.»
In those cases it is also necessary for the party that wants to overturn the verdict to «preserve» an objection to the jury instruction in question or the judge's reason, or the condition beyond the control of the parties or the court, in order to have a judge overturn the verdict or to prevail on appea
In those
cases it is also necessary for the
party that wants to overturn the verdict to «preserve» an objection to the jury instruction
in question or the judge's reason, or the condition beyond the control of the parties or the court, in order to have a judge overturn the verdict or to prevail on appea
in question or the judge's reason, or the condition beyond the control of the
parties or the court,
in order to have a judge overturn the verdict or to prevail on appea
in order to have a judge overturn the verdict or to
prevail on appeal.
Although, it was pointed out on behalf of the Appellant that
in Rule 1.1 it had been stated that if any of the SIAC Rules was
in conflict with the mandatory provision of the applicable law of the arbitration, from which the
parties could not derogate, the said mandatory provision would
prevail, such is not the
case as far as the present proceedings are concerned.
The Supreme Court has held that where a statute permits attorney's fees to be awarded to the
prevailing party, the attorney who
prevails in a
case brought under a federal statute as a pro se litigant is not entitled to an award of attorney's fees.
Section 285 states: «The court
in exceptional
cases may award reasonable attorney fees to the
prevailing party.»
A trial court has broad discretion to award attorney's fees to the
prevailing party in an infringement
case.