Topic
Fee-Shifting
101 published works
My Shingle
Make Money Mondays: Help Your Clients Find Money to Pay Your Bills
Many solo and small firm lawyers share a common problem: too many clients with too little money to pay legal fees. But before you turn those impecunious clients away, you…
Delaware Corporate & Commercial Litigation Blog
Chancery Awards Interim Fees Based on Fee-Shifting Contract Provision
A recent letter ruling of the Delaware Court of Chancery awarded interim fees based on a fee-shifting contract provision, prior to the final conclusion of the case, based on pre-trial rulings…
CAFA Law Blog
Eight Circuit Upholds Class Certification, Grant of Summary Judgment, And Holds Fee-Shifting Provision Applies to Class Action
McKeage v. TMBC, LLC, 2017 WL 562456 (8th Cir. 2017). In an action removed under CAFA, the Eighth Circuit affirmed the District Court’s grant of summary judgment to the plaintiffs,…
HR Law Talk
A New Fee-Shifting Trend In Employer Discrimination Cases?
In an article published by Law360, Bass, Berry & Sims attorney Tim Garrett provided insight on the continued increase in employment discrimination lawsuits, which may be due in part to…
The D&O Diary
Del. Court Pans Fee-Shifting Portion of Forum Selection Bylaw
Many readers will recall that just a short time ago companies were actively experimenting to try to incorporate litigation management measures into their corporate bylaws. These efforts led to decisions…
Delaware Corporate & Commercial Litigation Blog
Chancery Rejects Fee-Shifting for Forum Selection Clause
The recent Chancery decision invalidating a fee-shifting bylaw in connection with a forum selection provision was the subject of an article authored by my colleagues Gary Lipkin and others, which appeared…
Corporate and Securities Law
Delaware Court Addresses Fee-Shifting Bylaw
Civil Procedure & Federal Courts Blog
Tidmarsh on Fitzpatrick & Norris on Discovery Costs and Fee Shifting
Now on the Courts Law section of JOTWELL is Jay Tidmarsh’s essay, Discovery Costs and Default Rules. Jay reviews a recent paper by Brian Fitzpatrick and Cameron Norris, One-Way Fee…
Incontestable Blog
Ninth Circuit Holds Octane Fitness’s Fee-Shifting Standard Applies To The Lanham Act
On October 24, 2016, the Ninth Circuit became the latest federal court of appeals to hold that the Supreme Court’s 2014 decision in Octane Fitness, LLC v. ICON Health &…
Civil Procedure & Federal Courts Blog
Fitzpatrick & Norris on Discovery Costs and Post-Summary Judgment Fee-Shifting
Brian Fitzpatrick and Cameron Norris have posted on SSRN a draft of their article, One-Way Fee Shifting after Summary Judgment. Here’s the abstract:New, defendant-friendly discovery amendments to the Federal Rules…