Attorneys' fees - Factbites

Attorneys' fees - Factbites
Where results make sense
About us | Why use us? | Reviews | PR | Contact us

Topic: Attorneys' fees

Note: these results are not from the primary (high quality) database.

In the News (Wed 30 Dec 09)

Northern Trust

Marvin Harrison

Peter Chernin

Gary Locke

Match Play

Penelope Cruz

Mickey Rourke

AR Rahman

Danny Boyle

Hugh Jackman

	No. 02-857: Household Credit Services v. Pfennig - Amicus (Merits)
		Statutory damages, costs, and attorneys' fees are available for misstatement of the finance charge, and for the overstatement or understatement of the APR by more than 1/8 of one percent in an open-end account.
		OCL fees, and other fees for delinquency and default, are by their very nature fees for violating the terms of the agreement; they can never be fees for deferred payment contemplated by the agreement.
		OCL fees, like other penalty fees, are rationally viewed as imposed "incident to" the consumer's breach of the agreement rather than "incident to the extension of credit." For the creditor, those fees serve important functions apart from compensating for increased credit risk resulting from a higher balance.
	www.usdoj.gov /osg/briefs/2003/3mer/1ami/2002-0857.mer.ami.html

	Winston v. Lee (Summary Disposition Order)
		Thus, the Winstons have not had double recovery of the attorneys' fees owed them for the period of November 18, 1996 to February 19, 1997.
		The court, in its April 6, 1998 order, reduced the amount owed by Appellants to the Winstons from $14,117.47 to $8,081.25 (inclusive of attorneys' fees from November 18, 1996 to February 19, 1997).
		(7) The court did not err in awarding the Winstons attorneys' fees in excess of 25% of the judgment, as authorized by HRS § 607-14, because the award of attorneys' fees was made pursuant to the Stipulated Judgment, which was not appealable, see Ainamalu Corp.
	www.state.hi.us /jud/21613sdo.htm (1704 words)

	In Re
		Regan is entitled to attorneys' fees under the Act if he satisfies section 593(f)(1), which allows the "subject of an investigation conducted by an independent counsel" to request reimbursement for "those reasonable attorneys' fees incurred by that individual during that investigation which would not have been incurred but for the requirements of [the Act]...
		Based on this, we conclude that Regan has met the burden of showing that his attorneys' fees would not have been incurred but for the Act.
		On the one hand, IC Walsh told Regan during the investigation that he was not a subject, and the Attorney General notes that in a number of cases in which the court has awarded attorneys' fees, we relied on the fact that the applicant was formally notified by the IC that he was a subject.
	www.ll.georgetown.edu /federal/judicial/dc/opinions/9_opinions/86-00060.html (2851 words)

	Litigation Professional Information Center: Study Disputes Rising Attorneys' Fees, Recoveries in Class Action Settlements
		The study, by Cornell law professor Theodore Eisenberg and New York University law professor Geoffrey P. Miller, examined 370 class action settlements reported for the period 1993-2002 in which both attorneys' fees and class recovery could be determined.
		The study examined class action settlements to find patterns between attorneys' fees and total recoveries that could be used by judges in approving settlements.
		There is an "overwhelming correlation" between the amount of class recovery and attorneys' fees, Eisenberg told BNA.
	litigationcenter.bna.com /pic2/lit.nsf/id/BNAP-5V8MY3?OpenDocument (1286 words)

	MICHAEL D. KAMAI and GINA KAMAI v.LONG BEACH MORTGAGE CO.; KATHLEEN A. MCDONALD, Chapter 13 Trustee;
		LBM counters that the motion properly included a request for attorneys' fees and that its interest in the property is oversecured.
		Section 506(b) allows attorneys' fees to a secured creditor only to the extent that they are "provided [for] under the agreement under which such claim arose."
		As Debtors failed to put LBM on notice that they challenged its entitlement to attorneys' fees under § 506(b) on this ground, they are precluded from raising the issue for the first time on appeal.
	www.ce9.uscourts.gov /Web/bap.nsf/0/5E8C5C7F16BFBA8F88256F3B007DCB91?opendocument (1730 words)

	Ann SHERIDAN and Nationwide Underwriters, Inc
		That rule concerns itself with attorneys' fees for prosecuting or defending the action itself, not attorneys' fees as an element of damages to be recovered within the action.
		Finally, we reverse the order granting attorneys' fees in favor of Greenberg and deny Greenberg's motion for attorneys' fees in connection with this appeal.
		Sheridan [**3] claims that the instruction misstates the law and that, since it was undisputed that Kaiser received no compensation, the giving of the instruction was tantamount to directing the jury to return a verdict for Kaiser.
	www.alipman.com /snowbirdguide/greenberg.html (1997 words)

	VDARE.com: 12/30/05 - The Plaintiff Attorneys' Great Honey Rush
		Indeed, why are plaintiff attorneys allowed to demand contingent fees at all in cases where there is plainly no contingent—such as aircrash cases, in which liability is not in doubt as a practical matter, with the result that some plaintiff attorneys have received fees equivalent to $10,000 an hour?
		Plaintiff attorneys are an anomaly, like journalists and academics: a professional group whose politics on average are decisively to the left of others of comparable income.
		A specter is haunting the plaintiff attorneys—the specter of tort reform.
	www.vdare.com /pb/051230_honey_rush.htm (3910 words)

	Catalina Yachts v. Pierce (01/14/2005) sp-5860
		Catalina would not be eligible for fees under Alaska Civil Rule 82, which gives way to a specific statutory scheme for attorneys fees like that in Magnuson-Moss.15 Rule 68s reference to Rule 82, however, does not prevent a fee award.
		Catalina moved for attorneys fees and costs under Alaska Civil Rule 68.
		The offeree may not be awarded costs or attorneys fees incurred after the making of the offer.
	www.touchngo.com /sp/html/sp-5860.htm (3910 words)

	Supreme Court
		The volume shows, for each term, court fees received from each attorney or firm of attorneys subdivided into three categories, eg., fees paid to the Crown, Court Crier and Court Keeper, and tipstaves.
		Record of distributions of court fees paid by attorneys, 1844-46, CGS 13637
		Total amount paid by the attorney or firm of attorneys, total amount received per term by the Crown, Court Crier and Court Keeper, and tipstaves is also included.
	www.records.nsw.gov.au /cguide/sy/supct012.htm (3910 words)

	Miller v. GMP Associates, Inc. (Memorandum Opinion)
		In view of the inadequacy of the present record, not only to support the fees allowed and awarded but to even enable the trial judge to exercise his discretion in determining "reasonable" attorneys' fees, the attorneys' fees allowed and awarded are set aside.
		While we do not hold, as GMP urged below and argues on appeal, that an "hourly breakdown of services" is necessary to show the reasonableness of agreed upon attorneys' fees requested under HRS § 607-14, Smothers, 2 Haw.
		GMP did not oppose Miller's motion to confirm the admissions, either in writing or at the hearing on the motion.
	www.hawaii.gov /jud/ica23041mop.htm (3910 words)

	Frequently Asked Questions; FAQ; Meuers Law Firm
		United States District Courts have recently upheld the award of attorneys' fees to PACA litigants when the provision for attorneys' fees is listed on the invoice.
		The general rule in American law is that a party is not entitled to attorneys' fees and costs unless they are provided for by law or the parties' contract.
		The PACA trust beneficiary must be on guard to protect their interests and prevent their PACA trust assets from being swallowed up in administrative fees and costs for the bankruptcy process.
	www.meuerslawfirm.com /faq.htm (3784 words)

	Untitled Document
		The RVG lays down fixed fees structures for all legal activities undertaken by attorneys, while at the same time allowing for the client and attorney to negotiate a divergent agreement on fees.
		For that reason, we have compiled some information for you on the topic of attorney’s fees which will allow you to make a preliminary estimate of the costs of the legal representation and advice you are seeking.
		It should however be borne in mind, that, for litigation, the negotiated fees may not be less than the fees the attorney would have received had the RVG fixed fees scheme been applied.
	www.murawo.de /englisch/gebuehr.html (3784 words)

	LSC: FOIA: Electronic Reading Room: OGC External Opinion 99-06
		You stated that it is your understanding that Part 1642 would permit your program's staff attorney to work on a case along side a private pro bono attorney who is seeking attorneys' fees, as long as your staff attorney does not claim, collect or retain fees.
		You also sought an opinion on whether Part 1642 would permit another private attorney to work on the case as a judicare attorney under your private attorney involvement program (PAI), as long as the attorney does not seek or retain attorneys' fees.
		This is a response to your June 10, 1999, request for guidance to Cynthia Schneider, Office of Program Operations, regarding the Corporation's attorneys' fees regulation, 45 CFR Part 1642.
	www.lsc.gov /foia/olaeo/99-06.htm (3784 words)

	NAII Files Brief to Uphold 'American Rule' in Minn.
		The 'American Rule' is premised on the concept that attorneys' fees do not constitute damages and that the judicial system should not be stifled by the threat that attorneys' fees might be awarded to the prevailing party," said Laura Kotelman, NAII counsel.
		The National Association of Independent Insurers (NAII) filed an amicus brief encouraging the Minnesota Supreme Court to uphold the "American Rule" for recovery of attorneys' fees.
		The Court of Appeals reversed the lower court ruling and held that, absent statutory authorization or breach of a contractual duty to defend, the insured is not entitled to payment of attorney fees.
	www.insurancejournal.com /news/midwest/2003/05/27/29278.htm?print=1 (287 words)

	Minnesota Supreme Court Upholds 'American Rule'
		The Court of Appeals reversed the lower court ruling and held that, absent statutory authorization or breach of a contractual duty to defend, the insured is not entitled to payment of attorneys' fees.
		The court's ruling agreed with the position taken by the National Association of Independent Insurers (NAII) in its amicus brief asking the court to uphold the "American Rule" for recovery of attorneys' fees.
		court's decision to award attorneys' fees and costs was erroneous in the case in re: Silicone Implant Insurance Coverage Litigation.
	www.insurancejournal.com /news/midwest/2003/09/05/31994.htm (355 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		TTX rejected the plaintiffs' demand and responded with a counteroffer that stipulated, inter alia, that attorneys' fees paid pursuant to any settlement should be capped at $400,000.
		The plaintiffs also sought $1.4 million in attorneys' fees and $81,000 in costs.
		TTX also asserts that the district court abused its discretion in determining the hours reasonably expended by the plaintiffs' counsel and the lodestar rate with respect to attorneys Gregory Gorman and Catherine Caporusso.
	laws.lp.findlaw.com /getcase/7th/case/011953.html (355 words)

	Black Deeds in Black Robes - A Wrong Judge - Charles W. Cope
		Judge Cope argues, however, that he is entitled to attorneys' fees as the prevailing party because he admitted to the charges on which the JQC eventually found him guilty and denied those charges on which the JQC found insufficient evidence.
		Judge Cope argues he is entitled to recover attorneys' fees under section 57.105, Florida Statutes (2002), because the charges of theft, prowling and attempted forceful entry, lying to the police, and failure to report the citizen's arrest were all unfounded.
		Judge Cope seeks to recover his attorneys' fees and costs.
	www.blackdeeds.com /wrongjudge4.htm (1558 words)

	Converted file jsk
		Franklin filed a motion for attorney’s fees, which the trial court granted in the amount of $19,405 after submission of Franklin’s petition documenting his attorneys’ time.
		Franklin’s attorneys submitted itemized time sheets to the trial court detailing the amount of time spent by the two attorneys and one paralegal who worked on Franklin’s case.
		Certainly, Franklin’s appellate attorney’s fees were incurred in the prosecution of the action.
	www.ai.org /judiciary/opinions/archive/08300409.jsk.html (2394 words)

	Bradley County Arkansas Lawyers Authority Sources
		Arkansas Car Accident Attorneys handling automobile injury accidents and other types of serious personal injury cases throughout the US.
		Bradley County, Arkansas court stenographers listed here have paid any fees to Find Court Stenographers.
		Bradley County, Arkansas polygraph examiners listed here have paid any fees to Find Polygraph Examiners.
	www.101lawyers.com /attorney/bradley_county_arkansas_lawyers.html (370 words)

	LawKT.com: Law Firm Publications on Propria Persona
		ATTORNEYS' FEES California Law by Anna Kapetanakos An attorney in propria persona may recover reasonable attorneys' fees incurred for attorneys assisting him, even if they do not appear as counsel of record.
		In affirming the trial court's award of attorney's fees, the California Supreme Court first distinguished the in-house counsel situation from the in propria persona (self-representation) situation.
		The landlord signed the certificate of merit herself as "Plaintiff in Propria Persona." An attorney "specially appearing" signed the first amended complaint.
	www.lawkt.com /pubs/Propria_Persona.html (296 words)

	Bar Journal Article
		A party who successfully opposes a subpoena duces tecum may be awarded attorneys’ fees, but it should be noted that a nonparty witness who successfully quashes a subpoena duces tecum is not entitled to attorneys’ fees.
		The person holding protected health information should comply with the subpoena duces tecum as that person could have sanctions issued against him or her, including the payment of reasonable attorneys’ fees to all parties.
		If the subpoena duces tecum has been served by a person over the age of 18, the proof of such service must be filed with the court by an affidavit of the person serving the subpoena duces tecum.
	www.floridabar.org /DIVCOM/JN/JNJournal01.nsf/8c9f13012b96736985256aa900624829/214f757797a752bb85256f960072ea64?OpenDocument (296 words)

	Washington Courts
		While the agreement generally provides that "Washington law, to the extent permitted, shall govern all substantive aspects of the dispute and all procedural issues not covered by the Rules," the agreement's attorney fees provision specifically and unambiguously states that the "parties shall bear their own respective costs and attorneys fees." CP at 22 (emphasis added).
		Attorney Fees Provision The arbitration agreement provides that "{t}he parties shall bear their own respective costs and attorneys fees." CP at 22.
		Washington law, to the extent permitted, shall govern all substantive aspects of the dispute and all procedural issues not covered by the Rules.
	www.courts.wa.gov /opinions?fa=opinions.opindisp&docid=747016MAJ (296 words)

	Harris v. Progessive Hawaii Insurance Corp. (Memorandum Opinion)
		Progressive was not ordered to "pay benefits" and is not liable for attorneys' fees and costs.
		Apparently, however, the parties misunderstood one another concerning who would pay Harris's attorneys' fees and costs, which, as of May 25, 1999, totaled approximately $1,315, and, by June 15, 1999 -- the date that it was apparent that the parties would not agree on payment of fees and costs -- totaled approximately $1,641.
		Progressive contends that Harris was not entitled to fees and costs pursuant to HRS § 431:10-242 because the circuit court's declaratory judgment did not order Progressive to "pay benefits" under the UIM policy, but merely compelled Progressive to participate in arbitration.
	www.hawaii.gov /jud/23000mop.htm (1263 words)

	Buchhammer and Kehl
		The firm of Buchhammer and Kehl, P.C., is A-V rated by Martaindale-Hubbell and we are the Wyoming Law Digest Revisor for Best’s Directory of Recommended Insurance Attorneys.
		The firm of Buchhammer and Kehl, P.C., is A-V rated by Martindale-Hubbell and we are the Wyoming Law Digest Revisor for Best’s Directory of Recommended Insurance Attorneys.
		On appeal, the Supreme Court affirmed the denial of attorney’s fees because the offer of judgment that was accepted expressly provided that the “settlement was in full and final satisfaction of all claims,” which would necessarily include attorney’s fees.
	www.bklawfirm.com /newsletters.html (3053 words)

	Texas Judiciary Online - HTML Opinion
		In response to Moers’s motion, the trial court entered an amended decree that ordered Moers to pay $120,000 in attorney’s fees incurred by Premazon; $70,000 of which was incurred “in the nature of child support.” In addition, the trial court ordered Moers to pay 80 percent of the fees incurred by the attorneys ad litem.
		Rather, Moers contends that attorney’s fees in a suit to modify the parent-child relationship cannot be characterized or taxed as child support under Texas law.
		Both enumerate the attorney’s fees owed by Moers and describe the fees as “in the nature of child support.”Standard of Review
	www.1stcoa.courts.state.tx.us /opinions/htmlopinion.asp?OpinionId=78764 (1163 words)

	Marcus Errico Emmer Brooks
		Although matters are generally handled on an hourly fee basis, the firm is open to discussion of other fee arrangements under appropriate circumstances, including flat fees for certain services, as well as a “blended rate” structure, whereby all attorneys and paralegals are billed at the same hourly rate in connection with a matter or case.
		Attorneys from Marcus, Errico, Emmer and Brooks, P.C. have authored and/or advocated for numerous legislative changes in the law, ranging from local zoning by-law and ordinance amendments to changes in the state and federal statutes and regulations.
		As one might expect, the firm's attorneys have also been involved in significant judicial rulings relating to zoning, land use and condominium law in recent years, and a number of our attorneys devote their practices solely to litigation and dispute-resolution.
	www.meeb.com /welcome.htm (451 words)

	Reason
		A few years ago, the Blockbuster video chain settled a class action that accused it of charging inappropriate late fees.
		Even if inflation-adjusted settlements and fees have not risen on average during the last decade, the total cost of class actions is going up because more are being filed.
		Eisenberg and Miller found that "the amount of client recovery is overwhelmingly the most important determinant of the attorneys' fee award." That may seem fair, but it's not when damages are absurdly high, or when a settlement is a payoff to make the lawsuit go away rather than appropriate compensation for real injuries.
	www.reason.com /sullum/011604.shtml (746 words)

	U.S. District Court - Complaint for Permanent Injunction and Other Equitable Relief (October 15, 1998) -- FTC, et al. v. United Industries Corporation
		�� 75-1.1 et seq., to secure a permanent injunction, preliminary relief and other equitable relief, civil penalties, and attorneys' fees, against defendant for its unfair or deceptive acts or practices in violation of N.C. Gen. Stat.
		("Deceptive Trade Practices Act" or "DTPA"), to secure a permanent injunction, preliminary relief and other equitable relief, civil penalties, and attorneys' fees, against defendant for its unfair or deceptive acts or practices in violation of �� 17.46(a) and (b) of the DTPA.
		�� 59.1-196 et seq., to secure a permanent injunction, preliminary relief and other equitable relief, civil penalties and reimbursement of its costs, expenses and attorney's fees, against defendant for its deceptive acts and practices in violation of Va. Code � 59.1-200.
	www.pestlaw.com /x/courts/unitedindustries.html (746 words)

	MUTUAL RELEASE AND SETTLEMENT AGREEMENT
		The Bank One Proof of Claim states that Bank One holds a secured claim against the Debtor in the amount of $150,494.62 plus interest for indenture trustee services rendered and costs incurred by Bank One under the Indenture (including attorneys’ fees and costs).
		Upon receipt by Bank One of the amount of its allowed Administrative Claim, the Administrative Claim and any other claims of Bank One against the Estate for reimbursement of attorneys’ fees and costs and payment of indenture trustee fees and costs will be satisfied in full.
		Bank One is the trustee under that certain Indenture concerning an issuer named “First Lenders Indemnity Corporation” dated as of December 21, 1994, as amended and restated by that certain Amended and Restated Indenture dated as of August 6, 1996 (together, the “Indenture”).
	home.earthlink.net /~flicpage/propbank.htm (746 words)

	Legals
		The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
		All pleadings must be signed before a notary public or Georgia probate court clerk, and filing fees must be tendered with your pleadings, unless you qualify to file as an indigent party.
		NOTICE Georgia, Wayne County Probate Court Robin L. TenEyck has petitioned to be appointed Administrator of the estate of Clarence B. TenEyck, deceased, of said County.
	www.thepress-sentinel.com /legals.asp?Day= (1160 words)

Try your search on: Qwika (all wikis)

Topic: Attorneys' fees

Ads by Google

Related Topics

In the News (Wed 30 Dec 09)