By Allison Dunn | October 5, 2022
"Here, we have a fire and we have fire insurance. Vermont Mutual, we find out years later, is denying real coverage to this landlord. We all have to go on for the ride. That's why the legislature put in place chapter 176D because they have comparatively limitless resources and our folks don't. Not every lawyer does either," said one of the tenant's attorney, Carl E. D'Angio Jr. of D'Angio Law Offices.
New York Law Journal | Expert Opinion
By Scott Mollen | October 4, 2022
Scott Mollen discusses "Bd. of Mgrs. of the 207-209 E. 120th St. Condo v. Dougan,' where a condo's by-laws did not show intent to require the unit owner to pay attorneys' fees, and "Forest Enters. Mgt. Inc. v. County of Warren," where the court found that EDPL provides additional allowance for attorneys' and appraisal fees.
New York Law Journal | Analysis
By Laurie J. McPherson and Samantha A. Barach | September 27, 2022
A discussion of fee shifting provisions which are important tools for enforcement of parties' obligations under their matrimonial settlement agreements.
By Allison Dunn | September 22, 2022
"Here, the circuit court failed to make any attempt to segregate the amounts incurred because of the appellants' sanctionable conduct, namely, the costs incurred defending the Audi penalty claim. ... Therefore, the award of sanctions in the full amount of Gebreyessus' requested attorney's fees was improper and an abuse of discretion," Justice Stephen R. McCullough wrote on behalf of the 5-2 majority.
By Allison Dunn | September 22, 2022
"Here, Dyess asked for simple money damages via a quantum meruit claim, which courts of law have historically enforced," Judge David J. Richman wrote on behalf of the three-judge panel. "We conclude that, under applicable Colorado precedent and persuasive precedent from other jurisdictions, Dyess's claim was legal, not equitable. The trial court erred by deeming the claim equitable and treating the jury's verdict as advisory."
By Adolfo Pesquera | September 22, 2022
"At all relevant times for this matter, plaintiff was the only attorney at Berg & Androphy licensed to practice law in the State of California." said Justin C. Pfeiffer, a partner at Lewis Brisbois.
By Colleen Murphy | September 20, 2022
Following the dismissal with prejudice of a patent infringement claim brought by Realtime Adaptive Streaming against Sling TV, Dish Network and others, a federal judge in Colorado found that the case was "exceptional" and that the defendant companies were entitled to an award of attorney fees.
By Allison Dunn | September 19, 2022
"The Court finds that an award of attorney's fees and costs is a necessary deterrent to Plaintiff and others similarly situated from pursuing frivolous litigation, especially where an improper purpose may be inferred," U.S. District Judge Claude M. Hilton of the Eastern District of Virginia wrote in an opinion filed Sept. 1. "As to Plaintiff's ability to pay, there is no evidence that Plaintiff lacks the financial resources to pay this sanction. She claims to be an extremely frugal retiree without any real property or assets, however, she has not provided any supporting financial information or documentation."
Daily Business Review | Commentary
By Esther E. Galicia | September 12, 2022
Never underestimate the need to present expert testimony to support the reasonableness of the requested attorney fees award.
The Legal Intelligencer | News
By Aleeza Furman | September 12, 2022
According to the ex-partner's post-trial motion, filed on his behalf by George Bochetto of Bochetto & Lentz, a judge's decision denied a client's right to object to a referral arrangement.
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