prevailing party fees

• Attorney Fees Not Recoverable For Prevailing Party In Meal And Rest Period Cases

Fenwick Employment Brief - May 2012 In Kirby v. Immoos Fire Protection, Inc., the California Supreme Court determined that a party prevailing on a...

• Mondaq Business Briefing
• United States Law Articles in English

• 17 U.S.C. Sec. 505 Means What It Says: Attorney's Fees Award To Prevailing Party Discretionary.

Section 505 of the Copyright Act provides that, in a copyright infringement action, the court may "in its discretion" award costs to a prevailing part...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• 17 U.S.C. Sec. 505 Means What It Says: Attorney's Fees Award To Prevailing Party Discretionary

Section 505 of the Copyright Act provides that, in a copyright infringement action, the court may "in its discretion" award costs to a prevailing part...

• Mondaq Business Briefing
• United States Law Articles in English

• Wingate Farms Owners Assn. v. Sankarappa, (Ohio 2011)

Attorney Fees, Prevailing Party, Summary Judgment, Deed Restriction.

• Ohio Supreme Court

• The Cost of Arbitration: A Defense to the Enforceability of Arbitration Agreements?

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...

• Allied Academies International Conference. Academy of Legal, Ethical and Regulatory Issues. Proceedings
• Vol. 14 Nbr. 1, January 2010

• Attorney Fees Not Recoverable For Prevailing Party In Meal And Rest Period Cases.

Fenwick Employment Brief - May 2012 In Kirby v. Immoos Fire Protection, Inc., the California Supreme Court determined that a party prevailing on a c...

• Mondaq Business Briefing
• Nbr. 2012, January 2012

• 15 USC 4304 - Sec. 4304. Award of costs, including attorney's fees, to substantially prevailing party; offset

• U.S. Code - Title 15: Commerce and Trade

• U.S. Court of Appeals 8th Circuit Court Summaries: December 13, 2010

C., Inc., doing business as Dirt Cheap Cigarettes and Beer v. State ex rel. Vincent, et al. (MLW No. 61533/Case No. 09-3847 - 8 pages) (U.S. Court of Ap-peals, 8th Circuit, Wollman, J.) Civil Practice: Attorney's Fees - Prevailing Party - Cigarette Seizure

• Missouri Lawyers Media
• December 20, 2010

• Supreme Court Holds that ERISA Does Not Impose 'Prevailing Party' Requirement for Award of Attorneys' Fees

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, ...

• Mondaq Business Briefing
• United States Law Articles in English

• Foia Reforms Still Leave Some Holding the Tab

Under the U.S. Supreme Court's ruling in Buckhannon Board and Care Home, Inc. v. West Virginia Dep't of Health and Human Resources, which was not a FOIA case, claimants were required to be the "prevailing party" before attorney's fees could be awarded. Magistrate Judge Alan Kay noted that under Bradley v. School Board of the City of Richmond, courts are to apply the law in effect at the time it renders its decision, unless doing so would result in manifest injustice, or is statutorily prohibited.

• News Media and the Law
• Vol. 32 Nbr. 3, July 2008