attorney fees clause

• State Farm Ins. Cos. v. Peda, (Ohio 2005)

Civil Procedure – Costs & Attorney Fees; Civ. R. 11, R.C. 2323.51; frivolous conduct; summary judgment; counterclaim; good faith; contract interpretation; exclusionary clause; survey; void; res judicata.

• Ohio Supreme Court

• Tenant gets attorney's fees in case dismissed on technicality.

... landlord hadn't admitted that any lease clause authorizing attorney's fee existed. . The court ru...

• New York Landlord v. Tenant
• Vol. 25 Nbr. 2, August 2009

• Roberts v. Hutton, (Ohio 2003)

Suit for payment of attorney fees pursuant to a contingency fee contract. Contract contained termination clause and clause providing for a set percentage of payment in the event of termination. Client fired attoney and settled case on her own two years later. Attorney sued for 33-1/3 percent of last settlement offer. Trial court denied fees. Court of Appeals reversed finding attorney was entitled to be paid under the theory of quatnum meruit or the reasonable value of the services actually rendered. DR2-106(A)-(C). Statute of limitations for legal malpractice.

• Ohio Supreme Court

• Maryland Court of Appeals Case Summaries: May 15, 2011

COURT OF APPEALS Constitutional Law

... of choice by disqualifying one of his attorneys from the defense team. CASE: State v. Goldsberry, ...- judgment interest, costs and attorney's fees. The County Board generally denied liability, rais...Contract Law. Non-solicitation clause. BOTTOM LINE: A former employee was entitled to re...

• The Daily Record (Baltimore)
• May 22, 2011

• In re Estate of Lazar, (Ohio 2004)

PROBATE - fiduciary fees; abuse of discretion; R.C. 2113.35; faithfully discharge duties; timely administer the estate; attorney fees; Sup.R. 71; DR 2-106; beneficiaries consent; fee agreement; reasonable value; time and labor; burden of establishing reasonableness; CONSTITUTIONAL LAW - Contract Clause; not raised below. CONTRACTS - equal bargaining power; public policy; excessive attorney fees.

• Ohio Supreme Court

• What You Don't Say Can And Will Be Used Against You Or: How NOT To Settle Your Clients' Cases

... were represented in that case by another attorney. He had been in practice for many years and was we... underlying contract contained an attorney's fees clause and the Plaintiff's attorney had not only i...

• Mondaq Business Briefing
• United States Law Articles in English

• Strategic Patent Licensing for Public Research Organizations: Deploying Restriction and Reservation Clauses to Promote Medical R&Amp;D in Developing Countries

[...] the Supreme Court suggested that licensors might be permitted to require, as a condition of granting the license, that the licensee promise not to seek a holding that the licensed patents are invalid, and that the contract might prevent the licensee from challenging the patents.217 Nevertheless, if MedImmune means that post-agreement challenges cannot be ruled out, then licensors may wish to include a contractual provision indicating that, if the license is unsuccessfully challenged, then attorney's fees and costs for the declaratory judgment action must be paid by the licensee.218 Alternatively, licensors may consider adding a clause to provide for termination of the license upon the challenge of the underlying patented technology.

• American Journal of Law and Medicine
• Vol. 34 Nbr. 2/3, April 2008

• Suits Over Religious Displays Wouldn't Pay Under House Bill

WASHINGTON House Republicans, carrying out their election-year values agenda, on Tuesday pushed through legislation cutting off financial awards for lawsuits successfully filed against expressions of religion such as Christmas displays on government grounds. The bill, passed 244-173, denies the awarding of attorney's fees or monetary damages to a party that wins a court case based on the establishment clause in the Constitution that is used to argue a separation of church and state.

• The Columbian
• September 28, 2006

• Borough of Duryea v. Guarnieri, 564 U.S. (2011)

... theprotection, if any, that the Petition Clause grants publicemployees in routine disputes with go...The council's attorney explained that the council"wanted to be sure that ... Court awarded $45,000 in attorney's fees and denied defendants' renewed motion forjud...

• U.S. Supreme Court

• Bertrand v. Lax, (Ohio 2005)

ATTORNEY/CLIENT – summary judgment; legal fees; reasonableness; DR 2-106(A); promissory note; R.C. 1303.36; signature; consideration; defenses; action on account; acceleration clause; installment note.

• Ohio Supreme Court