Anna S. McLean | Sheppard Mullin Richter & Hampton The Ninth Circuit recently struck a blow against plaintiffs’ attorneys’ ability to recover handsome attorney’s fee awards in class action settlements when there is little actual benefit to the class. In Lowery v Rhapsody International, Inc., No. 22-15162 (9th Cir. June 7, 2023), a Ninth Circuit panel reversed… Continue reading Ninth Circuit Slashes Exorbitant Attorney’s Fee Award That Would “Make The Average Person Shake Her Head In Disbelief”
Tag: Attorney’s Fee Clause
Quick Note: Discretion in Determining Prevailing Party for Purposes of Attorney’s Fees
David Adelstein | Florida Construction Legal Updates In prior articles I have discussed that courts apply the significant issues test to determine the prevailing party for purposes of being entitled to attorney’s fees. A party that recovers an affirmative judgement is NOT the de facto prevailing party for purposes of an entitlement to attorney’s fees in a breach of contract… Continue reading Quick Note: Discretion in Determining Prevailing Party for Purposes of Attorney’s Fees
Eleventh Circuit Holds Attorneys’ Fees Are Not Warranted Where Policyholder Filed Suit Instead of Undergoing Appraisal
Chad A. Pasternack | Property Insurance Law Observer | April 23, 2019 The Eleventh Circuit, in J.P.F.D. Investment Corp. v. United Specialty Insurance Co., recently affirmed a district court’s denial of statutory attorneys’ fees to a policyholder that, to resolve a disagreement over the amount of loss, filed suit against its insurer instead of participating in appraisal.[1] In… Continue reading Eleventh Circuit Holds Attorneys’ Fees Are Not Warranted Where Policyholder Filed Suit Instead of Undergoing Appraisal
The Devil’s in the Details: Dispute Resolution and Attorney’s Fees Contract Clauses
Kent B. Scott | Babcock Scott & Babcock | December 13, 2018 If you are a business owner, a property owner, or you work in the real estate industry, you have undoubtedly signed, drafted, reviewed, or negotiated many contracts. At their most fundamental level, written contracts are nothing more than the memorialization of the… Continue reading The Devil’s in the Details: Dispute Resolution and Attorney’s Fees Contract Clauses