S. District Court, Western District of New York Judge John T. Elfvin ruled that the plaintiff was not entitled to attorneys' fees under the Equal Access to Justice Act (EAJA) and the Federal Tort Claims Act (FTCA). Specifically, the district court in Star Growers, et ano v. U.S. Department of Agriculture, et al., concluded the plaintiff's EAJA claim was untimely, and that its allegations involving abuse of process, deceit or misrepresentation, and negligence fell within the intentional tort and discretionary function exceptions of the FTCA.
CIVIL LAW - attorney fees; fee dispute between lawyers in different firms; arbitration.
Bird v. Missouri Board for Architects, Professional Engineers. Professional Land Surveyors and Landscape Architects (MLW No. 60619/ Case No. WD71451 - 12 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Administrative: Licensing Dispute - Attorney's Fees - Timeliness
The attorney-client privilege did not excuse a claimant from having to detail certain items for an award of fees as a prevailing party in a dispute with the federal government, the Federal Circuit has ruled in affirming judgment. The claimant sought an award of attorney fees under the Equal Access to Justice Act (EAJA) after prevailing in a dispute with the federal government over veterans benefits.
DOMESTIC RELATIONS - agreed judgment entry; factual dispute; hearing; out-of-court agreement; attorney fees; post-decree motion.
During the foreclosure proceedings, "the [Franklin County] clerk determined that the loan was not actually in default in that period," because the servicer had wrongfully refused the payments, [Corbett] says. "So the clerk dismissed the foreclosure, and that gave us the opportunity to revisit the settlement and made it illegal of them to demand the attorney's fees. Still, the [Vaughns]' dispute continues. "The agreement was we would get back into the loan and they would drop those fees," [Wilma Vaughn] says. "Now they are trying to bill them into our escrow account and force us to have to pay them anyway." The way the mortgages and all are set up, it's to their benefit to foreclose," Wilma Vaughn says. "I wish our leaders and legislators would do something to change that situation whe...
A Monroeville real estate developer who is in a legal battle with Fayette County over dilapidated properties in Brownsville had to find a new attorney after a dispute over payment of thousands of dollars in legal fees. Ernest Liggett has various civil lawsuits pending in regard to numerous properties he and his wife, Marilyn, own in Brownsville.
Tipp won't have to reimburse developers TROY -- The city of Tipp City won't have to reimburse the developers of the Rosewood Creek subdivision for attorney fees in a dispute over construction of a sewage handling facility, a Miami County judge ruled last week.
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