bad faith attorney

• Florida Supreme Court Upholds Attorney- Client Privilege in Bad Faith Discovery

On March 17, 2011, the Florida Supreme Court finally resolved years of speculation, conjecture, and debate regarding the seemingly endless boundaries ...

• Mondaq Business Briefing
• United States Law Articles in English

• LEH Properties, Inc. v. Pheasant Run Assn., (Ohio 2011)

settlement agreement, Rulli v. Fan Co., actual authority, apparent authority, magistrate’s decision, hearsay, bad faith, attorney fees

• Ohio Supreme Court

• Florida Supreme Court Upholds Attorney- Client Privilege in Bad Faith Discovery.

On March 17, 2011, the Florida Supreme Court finally resolved years of speculation, conjecture, and debate regarding the seemingly endless boundaries ...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• An Arbitrator's Authority to Award Attorney Fees for Bad-Faith Arbitration

The U.S. Supreme Court adopted bad faith as an exception to the "American Rule" on shifting attorney fees. While the Court did not explain whether this exception applied in arbitration, it has since pushed a "national policy favoring arbitration," which has caused arbitration to become significantly more prevalent in the American adjudicatory process. As a result, courts have struggled to determine the extent, if any, that the principle of penalizing parties for bad faith applies in modern arbitration. The answer depends on several factors. First, does the parties' contract grant the arbitrator authority to award attorney fees? If so, then the answer is clear. The arbitrator can make an award of attorney fees for bad-faith arbitration. If not, then one must look to the law that governs ...

• Dispute Resolution Journal
• Vol. 60 Nbr. 2, May 2005

• Bad Faith Allegations Versus an Insurer's Attorney-Client Privilege

Various courts have addressed the extent to which an insured's allegation of bad faith eviscerates an insurer's right to invoke the attorney-client pr...

• Mondaq Business Briefing
• United States Law Articles in English

• Defendant Must Show 'Bad Faith' to Get Attorney Fees, Rules Illinois Supreme Court

A defendant must show bad faith on the plaintiff's part to recover attorney fees as the prevailing party in a consumer fraud action, the Illinois Supreme Court has ruled. The plaintiff, unhappy with the weather on a safari trip arranged by the defendant, sued under a consumer fraud statute.

• Lawyers USA
• January 29, 2007

• Bad Faith Allegations Versus an Insurer's Attorney-Client Privilege.

Various courts have addressed the extent to which an insured's allegation of bad faith eviscerates an insurer's right to invoke the attorney-client pr...

• Mondaq Business Briefing
• Nbr. 2010, January 2010

• Attorney: 'Bad Faith' in Bankruptcy ; Mary Alice Davis' Filing for Bankruptcy Staves Off a Foreclosure Auction Scheduled for Friday.

Shaw's heiress Mary Alice Davis has filed for bankruptcy protection, just days before one of the estates she owns in Falmouth is scheduled to go up for sale in a foreclosure auction. However, the attorney for the mortgage company that is seeking to foreclose on the property at 178 Woodville Road contends that Davis made the bankruptcy filing in "bad faith," simply to prevent Friday's sale.

• Portland Press Herald
• September 15, 2004

• No-Burn, Inc. v. Murati, (Ohio 2011)

declaratory judgment – mandatory injunction – R.C. 1701.37(C) – attorney fees – abuse of discretion – bad faith

• Ohio Supreme Court

• Overcoming attorney-client privilege and work product protection in bad-faith cases: bald assertions of bad faith should not be accepted by courts as a warrant to plaintiffs to rummage through claims files.

IN THE 1970s, a sequence of California decisions created a new tort--one for bad faith denial of an insurance claim. (1) In the beginning, insurance...

• Defense Counsel Journal
• Vol. 70 Nbr. 2, April 2003