Sentences with phrase «prevailing party in the case»

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 appeaIn 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 appeain 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 appeain 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.