prevailing party attorneys fees
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Originally published May 24, 2010 The U.S. Supreme Court ruled today in Hardt v. Reliance Standard Life Insurance Company, Case. No 09-448 (May 24, ...
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Originally published May 24, 2010
The U.S. Supreme Court ruled today in Hardt v. Reliance Standard Life Insurance Company, Case. No 09-448 (May 24, ...
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Trial court lacks jurisdiction to decide motion for judgment notwithstanding the verdict filed more than 14 days after judgment. Plaintiff who receives no monetary damages from jury verdict is not entitled to recover attorneys' fees because she is not a prevailing party.
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Section 502(g)(1) of ERISA provides that, in any action brought under ERISA's enforcement provisions (other than actions by multi-employer plans to co...
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Section 502(g)(1) of ERISA provides that, in any action brought under ERISA's enforcement provisions (other than actions by multi-employer plans to co...
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Perdue, et al., is on appeal from the 1 1th Circuit Court of Appeals in Atlanta, Georgia, and involves a statute that allows a prevailing party to collect attorneys' fees from the losing side. Because of the impact the case could have on law enforcement agencies across the country, the Legal Affairs Committee of NSA, chaired by Sheriff Greg Champagne, recommended to the Board of Directors diat NSA file an Amicus, or "friend of the court," brief in support of the State of Georgia.
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Is the plaintiff entitled to attorneys' fees as the prevailing party under the National Historic Preservation Act? Can the plaintiff collect these fees from state agencies?
These were the central issues on appeal from the U.S. District Court for the Western District of New York in Preservation Coalition of Erie County v. Federal Transit Administration; Niagara Frontier Transit Authority; New York State Urban Development Corp. d/b/a Empire State Development Corp., New York State Thruway Authority, New York State Office of Parks, Recreation & Historic Preservation. The defendants claim that the plaintiff cannot recover attorneys' fees and costs because it is not a prevailing party in the litigation.
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The U.S. Supreme Court has agreed to decide whether attorneys for a "prevailing party" under ERISA can be awarded fees after a district court remands a case rather than rendering a judgment on the merits.
The plaintiff sought long-term disability benefits from her employer's insurer after having surgery on her wrists for carpel tunnel syndrome. The insurer denied the claim, granting the plaintiff only short-term disability benefits despite the fact that she was considered disabled by the Social Security Administration.
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... son's private school tuition, they sought fees for services rendered by an educational consultant... permits a court to "award reasonable attorneys' fees as part of the costs" to prevailing parents,... court to award expert fees to a prevailing party. 482 U. S., at 102. The Second Circuit misundersto...
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... the district court's award of prevailing party attorneys' fees to Defendant, is therefore m...