John Mark Goodman | BuildSmart The “American Rule” on attorneys’ fees is that each party pays its own lawyers, even if you win. As with almost any rule, there are exceptions. Sometimes there is a statute that requires the losing party to pay the prevailing party’s fees. For example, many states have enacted Prompt Pay laws… Continue reading The American Rule Stands: Court Rejects Fee-Shifting Under Indemnity Clause
Tag: Attorney Fees
The Seventh Circuit Clarifies The Role Rejection Of Settlement Offers Plays In Determining Attorney Fee Awards
Lucas Kowalczyk | Proskauer Rose The Seventh Circuit recently clarified an important distinction between offers of judgment under Federal Rule of Civil Procedure 68 and non-Rule 68 offers of settlement, and explained the role rejection of such offers plays in reducing statutory attorney fee awards. Rule 68 was created to encourage settlements. It limits the… Continue reading The Seventh Circuit Clarifies The Role Rejection Of Settlement Offers Plays In Determining Attorney Fee Awards
Florida Contractor Group Already Files Suit Challenging New AOB Fee Restrictions
William Rabb | Insurance Journal A group of contractors wasted little time in challenging the constitutionality of a law approved at the Florida Legislature’s special session last week, one the restoration companies argue singles them out and deprives them of attorney fees in assignment-of-benefits claims. “The inability to recover prevailing party attorneys’ fees will effectively… Continue reading Florida Contractor Group Already Files Suit Challenging New AOB Fee Restrictions
Residential Construction Defect Case Law Update: Homeowners Not Entitled To Attorney And Expert Fees
David H. Fisk | Kane Russell Coleman Logan Last year, the First Court of Appeals serving the Houston, Texas area held that the Texas Residential Construction Liability Act (RCLA) “does not permit a plaintiff to recover attorney or expert fees in the absence of an underlying cause of action providing for the recovery of such… Continue reading Residential Construction Defect Case Law Update: Homeowners Not Entitled To Attorney And Expert Fees
Effective October 1, 2019, Florida General Contractors Have a Statutory Right to Recovery of Attorney Fees Against a Defaulted Subcontractor’s Surety
Warren E. Friedman | Peck Law Florida contractors will soon have a level playing field, at least related to the right to recovery of attorney fees in certain circumstances. Effective October 1, 2019, the Florida statute by which legal fees may be recovered from insurers and sureties was amended to expressly afford that right to… Continue reading Effective October 1, 2019, Florida General Contractors Have a Statutory Right to Recovery of Attorney Fees Against a Defaulted Subcontractor’s Surety