The Buckhannon fix, as the attorney's fees provision of the OPEN Government Act is known, may only have a direct impact on a small group of people, but FOIA attorney Jim Lesar said other requesters' stronger willingness to go to court to "influence what a government agency does" may have more extensive effects. Since requesters can often only front minimal funds for litigation, "the inability to command fees is certainly a major consideration whether litigation gets filed" in the first place, said Lesar, who said he frequendy underwrites the entire cost of FOIA litigation for clients.
[...] 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.
... venture capital, where there are patent attorneys with the skills to help with patent prosecution, a...
Liquidated damages provision, penalty, attorney's fees, manifest weight.
Michael Steinberg, legal director for the ACLU, said that in all civil rights cases, there is a provision that allows the prevailing party to petition for coverage of attorney's fees and court costs. The ACLU did so, now back in the original federal court. [Lawrence P. Zatkoff] reduced the ACLU's request for $122,000 in attorneys' fees and costs by about 25 percent. He ordered the city to pay $92,628 in attorneys' fees and $3,251 in court costs - capping the lawyers' hourly rates at $190 an hour.
Foreclosure complaint, sua sponte judgment, due process notice, Civ.R. 12(B)(6) motion to dismiss, default forebearance agreements, reinstatement, provision in mortgage, ohio public policy, payment of attorney's fees as condition of reinstatement
... do not provide for the assessment of attorneys fees, contrary to the provisions of the default fo...
Contracts Mortgages Residential mortgage loan agreement Provision requiring defaulting borrower to pay lenders reasonable attorney fees as condition for terminating foreclosure proceedings and reinstating loan is not against public policy or statutory or decisional law.
..., but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may rea...
... court awarded the Realtors attorney’s fees and costs, pursuant to a prevailing parties provis... brokerage agreement did not contain a provision regarding attorney’s fees. . Prior to maki... claim the Realtors are not entitled to attorneys fees under the Sales Contract. . ...
The plaintiff's deviation from the contractual notice requirement did not bar its breach of contract claim where the defendant was alleged to have repudiated the contract, and had actual notice and an opportunity to act upon it. Because the liquidated damages provision providing for forfeiture of earnest money was not ambiguous, it was error for the trial court to submit the issue of damages to the jury. The prevailing defendant's right to attorney fees under the contractual fee-shifting provision did not vest until the jury returned its verdict. Trial court did not err in granting JNOV motion and vacating jury's award of attorney fees to successful plaintiff in breach of contract case where the plaintiff presented no evidence of the reasonableness of the fees it sought.
... Appellant's motion for an award of attorneys' fees, to which Appellant was entitled pursuant to...
... had ruled them entitled to attorney's fees under § 1988 for post judgment monitoring of the ... the size of fees that may be awarded to attorneys who litigate prisoner lawsuits. In the Eastern Dis...' contention that the PLRA's fee provisions reveal a congressional intent that they apply pros...
The trial court properly entered summary judgment for the insured on its breach-of-contract claim against its insurer for failure to defend in an action brought against the insured by the insured’s business competitor, when the competitor’s trade-dress infringement allegations stated a claim potentially within the insurance contract’s “advertising injury” provision. The trial court properly awarded attorney fees incurred by the insured in defending against its insurer’s declaratory judgment action and in establishing the insurer’s breach of the insurance contract, when the court awarded the fees based on the insurer’s “stubborn propensity for needless litigation.” The trial court erred in denying defendant leave to amend and supplement its counterclaims, because the request was timely...
... go through with these people, and the attorneys have caused me a lot of heartburn in my old age. ...
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