Topic
Fee-Shifting
101 published works
Civil Procedure & Federal Courts Blog
Carbonara & Parisi on Fee-Shifting
By Civil Procedure & Federal Courts Blog
Professors Emanuela Carbonara (University of Bologna –Economics) and Francesco Parisi (Minnesota) have posted on SSRN a draft oftheir paper, Rent-Seeking and Litigation: The HiddenVirtues of the Loser-Pays Rule. Here’s the…
Delaware Corporate & Commercial Litigation Blog
Chancery Awards $3.2 million in Attorneys’ Fees in Contract Dispute
ASB Allegiance Real Estate Fund v. Scion Breckenridge Managing Member LLC, C.A. No. 5843-VCL (Del. Ch. July 9, 2012). In this opinion the Court of Chancery awarded attorneys' fees, based…
GT L&E Blog
California Supreme Court’s Kirby Decision: If Money Talks, is This Another Post-Brinker Blow to Meal and Rest Period Claims?
By Tiffany S. Fordyce, Mark Kemple
On April 30, 2012, the California Supreme Court issued a decision holding that the fee shifting provisions of California Labor Code sections 128.5 and 1194 do not apply to claims…
The Contingency
Quote of the Day: Dennis Jacobs
The whole purpose of fee-shifting statutes is to generate attorneys' fees that are disproportionate to the plaintiff's recovery. Millea v. Metro-North Railroad Co., No. 10-409-cv (2d Cir. Aug. 8, 2011)…
Drug & Device Law
E-Discovery Fee Shifting?
By Bexis
Maybe. From what we can tell from the recent opinion in Race Tires America Inc. v. Hoosier Racing Tire Corp., 2011 WL 1748620 (W.D. Pa. May 6, 2011), that case…
The Contingency
Abusing Right to Sue or Defend Justifies Fee-Shifting Under Lanham Act, Seventh Circuit Holds
Blawgletter enjoys the writings of Richard Posner, he of the Seventh Circuit. Last week he pounded out another work that caught our notice. And in it he came back to a common…
Legal Profession Blog
Fee Shifting For Pro Bono Services
The Maryland Court of Appeals affirmed a trial judge's order that a husband pay his wife's attorney's fees in a case involving custody, visitation and child support for the couple's…
New York Attorney Malpractice Blog
The NJ Fee Rule in Legal Malpractice
In the law, "attorney's fees are awarded..." carry awesome power. Traditionally, the American rule is that each side bears its own attorney fees unless there is an agreement or a…
New York Attorney Malpractice Blog
Its not the American Rule, its the New Jersey Rule in Legal Malpractice
In the law, "attorney's fees are awarded..." carry awesome power. Traditionally, the American rule is that each side bears its own attorney fees unless there is an agreement or a…
The Contingency
Second Circuit Upholds Rate Cut for Downstate Carpetbaggers
The Second Circuit today upheld an Albany district court's decision to slash the hourly rates of big city lawyers who succeeded in blocking an election that violated the Voting Rights…