Since When do Attorneys Have to Pay the Opposing Counsel Fees?!

Deena Duffy | Spencer Fane ATTORNEYS CAN BE HELD RESPONSIBLE FOR OPPOSING LEGAL FEES IF DISCOVERY RULES ARE NEGLECTED This may be a question that has never crossed your mind. If so, then good for you. It means you’ve likely never been faced with sanctions. However, just because you haven’t, doesn’t mean you shouldn’t be… Continue reading Since When do Attorneys Have to Pay the Opposing Counsel Fees?!

Case Law Update: Setoffs and the “Prevailing Party” Determination

Jacob Duval | Carlton Fields The Diaz Fritz Group Inc. was the general contractor for the construction of an addition to the University Community Hospital in Tampa, Florida. Diaz Fritz hired a subcontractor, Hayward Baker Inc., to perform foundation work on the project in exchange for $290,000. When Hayward Baker completed its work, Diaz Fritz… Continue reading Case Law Update: Setoffs and the “Prevailing Party” Determination

An Unfounded Lien: What’s an Owner to Do? And Can it Recover its Attorneys’ Fees?

Virginia Trunkes | Construction Law Zone A subcontractor has liened the property even though the owner has paid in full for its work. The general contractor has disappeared. What should an owner do next? And will its attorneys’ fees be recoverable? In New York, a mechanic’s lien, although filed in the county clerk’s office on… Continue reading An Unfounded Lien: What’s an Owner to Do? And Can it Recover its Attorneys’ Fees?

Recovery of Attorney’s Fees in Federal Flood Cases Under the Equal Access to Justice Act?

Shane Smith | Property Insurance Coverage Law Blog | September 2, 2019 A recent Southern District of Florida decision addressed this issue.1 A property in Islamorada, Florida, which was owned by the estate of Raymond K. Hampson, was damaged by Hurricane Irma in September 2017. The personal representative for the estate, Timothy R. Hampson (“Hampson”)… Continue reading Recovery of Attorney’s Fees in Federal Flood Cases Under the Equal Access to Justice Act?

New Construction Lien Legislation In Tennessee

Kathryn K. Van Namen | Butler Snow | August 26, 2019 Changes to Remedies in Lien Enforcement Actions New legislation in Tennessee has limited the recovery of attorney’s fees, expenses, and actual and liquidated damages in instances where a real property owner seeks to enforce a lien. Public Chapter 142, signed by Governor Lee and… Continue reading New Construction Lien Legislation In Tennessee

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