declaratory judgment; lease; incentive clause; unconscionability; penalty clause; injury; prejudice; prevailing party; standing to appeal; justiciable contreversy
... specify the amount attributable to each party.3 Recently, however, Rule 1.442 was amended to co... in the painful position of facing a "prevailing party" contractual provision, knowing the other si... a contract with a prevailing party clause. The defendant knew the plaintiff's claims were g...
COURT OF APPEALS Constitutional Law
... between a State entity and a private party is consistent with the purpose of providing a waiv...Contract Law. Non-solicitation clause. BOTTOM LINE: A former employee was entitled to re... contract which stated that a prevailing party was entitled to recover attorneys' fees incu...
... compel arbitration based on an arbitration clause in the agreement. The district court denied the mo... SunTrust for its expenses as a prevailing party. The Buffingtons based their substantive unc...
... by HIPAA may disclose PHI to a third party that agrees to "appropriately safeguard the inform... court's decision that the BAA's indemnity clause did not entitle Monarch to attorneys' fees and cos... between the parties" before allowing a prevailing party to recover attorneys' fees incurred during i...
Parents of a disabled child prevailed in a suit filed under the Individuals with Disabilities Education Act (IDEA) and sought to recover the costs of expert witnesses under the IDEA fee shifting provision. Here the court looked to the language of the IDEA (sec. 1415) which states that "in any action or proceeding brought under this section, the court, in its discretion, may award reasonable attorneys' fees as part of the costs to the parents of a child with a disability who is the prevailing party." Parents of an elementary school student sued the school district claiming that the school violated the Establishment Clause and their child's First Amendment rights when they censored one of his assignments. The court ruled that the there was no Establishment Clause violation as the schoo...
A plaintiff who won a breach-of-contract case over the release of protected health information by an auditor could not recover attorneys' fees or costs, the 8th U.S. Circuit Court of Appeals has held. The plaintiff argued that it was entitled to the fees based on an indemnity clause in the parties' agreement.
... of whether an indemnity clause entitles a party to fees incurred in litigation between the parties... between the parties' before allowing a prevailing party to recover attorneys' fees incurred during i...
... the district court's finding that neither party was a "prevailing party" under the lease, and neit...' fees under the lease's prevailing party clause. I. Raffel was the landlord and Medallion was the ...
... Court does not meet the requirements of clause (i), and it is notamong the specific offenses name... awarding $375,000 to an injured third-party);Pallasch, $17.5 Million Awarded to Motorist ...-flight statute into conformity withthe prevailing approach used nationwide. Especially giventhat bac...
Arbitration clauses in contractual arrangements are fairly standard today. By agreeing to arbitrate, the parties to an arbitration agreement waive their rights to seek redress of their claims in a court in favor of an arbitration tribunal. While litigation is criticized as being expensive and time-consuming, costs associated with arbitration are far from inconsequential. If the parties have waived their right to go to court, even in situations in which fees and costs may be awarded to the prevailing party, and if arbitration costs are cost-prohibitive, could there be a defense to the arbitration contract on grounds of unconcionability? This paper explores situations in which such an argument could be successful, and suggests ways to apportion costs that would make arbitration clauses le...
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