Topic
Fee-Shifting
101 published works
Sanns ADR
Why You Should Settle A Fee Shifting Case
Fee shifting is permitted when a statute or contractual provision provides for the loser of a lawsuit to pay the winner’s legal costs. Generally in the United States, we follow…
Delaware Corporate & Commercial Litigation Blog
Fee-Shifting in Rule 5.1 Dispute
Delaware Court of Chancery Rule 5.1 provides the standard and an intricate series of procedures for the parties to seek “confidential treatment” to prevent pleadings filed with the court from…
Sidley Austin Blog
Two Cautionary Tales: Fee Shifting Imposed for Litigating Books-and-Records Inspection Demands
By Hille R. Sheppard, Thomas H. Collier
While there are limits to a stockholder’s right to inspect books and records under Section 220 of the Delaware General Corporation Law or other sections allowing inspection—and corporations can negotiate the…
Family
Scope of Fee-Shifting Statute Addressed in Cleveland, Tennessee Postdivorce Dispute: Parker v. Parker
By K.O. Herston
When can a prevailing party recover attorney's fees for civil or criminal contempt in Tennessee?
Sidley Austin Blog
How To Draft Fee-Shifting Provisions in Indemnification Clauses
By Heather Benzmiller Sultanian, Jarrett H. Gross
Delaware courts have determined that even quite broad language referencing attorneys’ fees may not be explicit enough to shift fees in first-party litigation. The post How To Draft Fee-Shifting Provisions…
New York Trusts & Estates Litigation
The Answer is Almost Always No
When clients ask whether they can “sue for legal fees,” the courts continue to reiterate that the answer is almost always no; that the American Rule still controls. In our…
Health Care and Life Sciences
Defendant Aventis Pharma Awarded Over $17.2 Million in Attorneys’ Fees in False Claims Act Case
By George B. Breen, Erica Sibley Bahnsen, Daniel C. Fundakowski, Elizabeth A. Harris, Devon Minnick
In a move that reminds us that successful defendants can—and should—seek attorneys’ fees in the right case, a magistrate judge in the U.S. Court of Appeals for the Ninth Circuit…
Canna Law Blog
California Cannabis Supply Chain Contracts: Fee-Shifting Provisions
California’s cannabis regime is set up to separate every point in the supply chain into different license types: cultivation, manufacturing, distribution, testing, and retail sales, to name a few. Except…
Delaware Courts
Chancery Rules on Equitable Fee Shifting and Indemnity Provisions in Support of Fee Shifting
On December 31, 2020, Vice Chancellor Glasscock issued an opinion regarding what he called a “novel issue” arising from cross motions for fees. The motions were supported by a contractual…
Delaware Corporate & Commercial Litigation Blog
Chancery Addresses Contractual Fee-Shifting Where Prevailing Party Is Unclear
Applying a contractual fee-shifting provision when it is not clear which party prevailed, is a topic that does not benefit from an extensive body of case law, relatively speaking. The…