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Law.com

Federal Judge Awards Plaintiff $800K in Attorney Fees Despite Jury's Zero-Damages Verdict

The attorney fee award came on remand from the U.S. Court of Appeals for the Fourth Circuit, which ruled that, despite the zero-damages verdict, plaintiff Yasmin Reyazuddin was the "prevailing party" in the case.
7 minute read

Law.com

'We All Have to Go Along for the Ride': Court Finds Insurer Failed to Seriously Engage in Settlement Negotiations

"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.
6 minute read

New York Law Journal

Realty Law Digest

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.
15 minute read

New York Law Journal

How Fee Shifting Provisions Should Be Applied in Matrimonial Actions Involving Mixed Results

A discussion of fee shifting provisions which are important tools for enforcement of parties' obligations under their matrimonial settlement agreements.
8 minute read

Law.com

Appeals Court: Attorney Fee Award Should Have Delineated Between Sanctionable and Non-Sanctionable Conduct

"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.
5 minute read

Law.com

State Appellate Court Reinstates $26M Jury Verdict in First Impression Quantum Meruit Case

"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."
5 minute read

Texas Lawyer

Attorney Sues Houston Law Firm for Nonpayment in US Olympic Dr. Larry Nassar's Sex Abuse Cases

"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.
4 minute read

Law.com

Federal Judge Awards Nearly $4M in 'Exceptional Case' for Attorney Fees

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.
7 minute read

Law.com

Federal Judge Orders Plaintiff to Pay $63K to Defendants for 'Frivolous' Conspiracy, Legal Malpractice Claims

"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."
5 minute read

Daily Business Review

Presentation of Evidence Supporting Reasonableness of Attorney Fees—What Attorneys Need to Know

Never underestimate the need to present expert testimony to support the reasonableness of the requested attorney fees award.
3 minute read

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