Sentences with phrase «requires attorney fee awards»
There is a substantial body of case law that requires attorney fee awards pursuant to statutes or fee shifting agreements in contracts to be calculated based on an hourly fee.
https://lawyerist.com/ Not exact matches
A. 1438B (Paulin / Gallivan) requires judges to award attorney's fees when a member of the public «substantially» prevails in a Freedom of Information lawsuit.
The other measure would require courts to award attorneys» fees to individuals who prevail in lawsuits against agencies that deny them records.
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.
Additionally, trial courts granting or denying such a motion to dismiss are required, «in whole or in part,» to award costs and reasonable attorney's fees to the prevailing party on the motion to dismiss.
When mothers are found in contempt for visitation interference the court routinely awards attorneys fees, and requires hour - granted - for - hour - denied substitute visitation as its sanction, but does nothing further to change the mother's unjustified attitude towards the visitation denial.
While I'm less worried about being found in contempt for arguing with a judge than I used to be (the 2003 addition of «civility» to the oath attorneys and judges are required to take has changed judges» behavior more than it has attorneys» because some judges were perpetually officious prior to this civility requirement), I still don't want to risk a judge ruling against my client's position or failing to award my client fees because that judge feels I treated him or her rudely.
«It is insufficient that class members had an opportunity to file a general objection to what they anticipated class counsel might request as an attorney - fee award; principles of due process require that they have an opportunity to respond to the attorney - fee application that is actually filed.»
To encourage suits under this scheme, the defendant would be required to pay a fixed $ 10,000 award to the named plaintiff as well as the plaintiff's attorney's fees.
[57][58] Unless there is an actual trial or judgment, if there is only pre-trial motion practice such as motions to dismiss, attorney fee shifting can only be awarded under FRCP Rule 11 and it requires that the opposing party file a Motion for Sanctions and that the court issue an order identifying the sanctioned conduct and the basis for the sanction.
Primary elements of the bill would create a presumption of awarding attorney fees to the prevailing party and ensuring that those financing litigation can be held liable if the assertion entity is undercapitalized; requiring higher pleading standards for patent cases; and limiting discovery until after claim construction.
In addition to required mediation, there shall be other incentives to mediate such as priority on the court docket for a contested hearing if parties do not resolve all issues in mediation and require a court hearing or award of attorney fees for parties that attend mediation at an early stage and against parties that unreasonably resist or delay mediation.
The law would also require judges to award attorneys» fees to parties who bring lawsuits «that have no reasonable basis in law and fact.»