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Attorney's Fees

Clark Hill PLC

Colorado court rules “Fees on Fees” recoverable in contractual disputes, breaking new ground on attorney fee awards

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On Aug. 6, the Colorado Court of Appeals recently addressed a question that had never been definitively answered in the state: whether a prevailing party can recover attorney fees incurred to enforce a contractual...more

Whiteford

Client Alert: Virginia Court of Appeals Clarifies Finality in Cases Seeking Attorney Fee Awards

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On August 5, 2025, the Virginia Court of Appeals addressed the finality of court orders and the limits of appellate jurisdiction. While the decision was made in the context of a Virginia Freedom of Information Act (“VFOIA”)...more

Jackson Lewis P.C.

Court Rules Pension Fund’s Position Was Not ‘So Baseless’ as to Mandate an Award of Attorneys’ Fees

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ERISA is widely regarded as a remedial statute. As a result, employers who are pursued by multiemployer pension plans for withdrawal liability face an uphill battle when trying to recoup attorneys’ fees (often substantial)...more

Clark Hill PLC

Doing the right thing: Playing fair with the involuntary pro se litigant

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Abraham Lincoln once famously said that “He who represents himself has a fool for a client.” While this statement has been demonstrated to be true more often than not, what happens when (1) the pro se representation is not...more

Carlton Fields

Florida Appeals Court Decisions Week of July 28 - August 1, 2025

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U.S. Eleventh Circuit Court of Appeals - Pop v. LuliFama.com - class action, FDUTPA, influencers - Perfection Bakeries v. Retail Wholesale - pension fund, withdrawal liability - Bayse v. Philbin - qualified...more

Tyson & Mendes LLP

Strategic Anchoring: Using Cognitive Bias to Win Negotiations

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In negotiation, the first number often carries disproportionate weight. While perhaps not always an absolute guarantee of victory, the concept of “anchoring bias” suggests it’s a powerful and frequently underestimated...more

Cozen O'Connor

PetSmart in the Doghouse as Colorado Sues over Grooming Program Allegations

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Colorado AG Phil Weiser filed a lawsuit against pet care retailer PetSmart, alleging the company engaged in unfair and deceptive trade practices related to its employee training program, the Grooming Academy....more

Jackson Lewis P.C.

Iowa Amends Drug Testing Statute, Relieves Some Employer Burdens

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The Iowa drug testing statute (Iowa Code § 730.5) became more employer friendly effective July 1, 2025. Although the Iowa drug testing law remains one of the most technically challenging in the country, the changes will make...more

Lowndes

Why Attorneys’ Fees Belong in Indemnity Provisions in Commercial Real Estate Contracts

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In commercial real estate transactions, indemnity provisions are frequently negotiated. However, one critical component is often overlooked: the obligation to cover attorneys’ fees related to indemnity claims....more

Offit Kurman

Managing Conflict with Opposing Parties and Counsel in Family Law Cases

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Some lawyers adopt an aggressive stance as a deliberate strategy, believing it will secure better outcomes for their clients. Others may be combative by nature. It’s important to distinguish between tactical aggressiveness...more

Carlton Fields

Seventh Circuit Affirms Judgment Dismissing Bad Faith Claim Without Viable Breach of Contract Claim

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In Wolf v. Riverport Insurance Co., the Seventh Circuit Court of Appeals affirmed the dismissal of an insured’s bad faith settlement delay claim against her insurer after she attempted to recover under section 155 of the...more

Klein Moynihan Turco LLP

Daniel’s Law Lawsuits – Constitutionality Update

Our readers may recall our prior pieces in which we discussed a New Jersey State privacy law, colloquially known as Daniel’s Law. As our readers know, many of the defendants in these Daniel’s Law lawsuits challenged the...more

Proskauer - California Employment Law

Unsuccessful Whistleblower Was Not Entitled To Recover Attorney’s Fees

Lampkin v. County of Los Angeles, 2025 WL 1874669 (Cal. Ct. App. 2025) - D’Andre Lampkin, a deputy in the Los Angeles County Sheriff’s Department, investigated a man whom he believed was soliciting a prostitute. (In...more

Shipkevich PLLC

Attorney Fee Sharing Prohibited? California Bills Take Aim at ABS and Consumer Legal Funding

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The California Legislature is moving forward with two bills that would meaningfully reshape the boundaries of consumer legal funding and legal advertising practices in the state. Assembly Bill 931 and Senate Bill 37, while...more

Littler

Courts Clarify California Whistleblower Law

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Earlier this month, the Court of Appeal and the California Supreme Court provided helpful guidance on whistleblower retaliation cases. The Court of Appeal addressed who is a prevailing party entitled to fee and cost recovery...more

Wiley Rein LLP

Indiana Appellate Court Rejects Known Loss and Deemer Clause Defenses for the Second of Two Connected Class Actions Over Toxic...

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The Indiana Court of Appeals, applying Indiana law, affirmed a trial court decision finding coverage for attorneys’ fees related to defending the second of two Taiwanese class actions relating to the same underlying toxic...more

Carlton Fields

Florida Appeals Court Decisions Week of July 14 - 18, 2025

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U.S. Eleventh Circuit Court of Appeals - Walmart v. King - APA, ALJs, constitutional challenge - Gray v. Birchfield - employment, harassment, punitive damages, assault, battery - USA v. Rowe - prior panel precedent...more

CDF Labor Law LLP

Whistleblower Loses Fee Award Despite Jury Finding: Court Clarifies “Successful Action” Standard Under Labor Code Section 1102.5

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Retaliation Verdict Reversed Where Plaintiff Obtained No Relief - Can an employee prove retaliation at trial yet still recover nothing – not even attorney’s fees? According to a recent decision from the California Court of...more

Searcy Denney Scarola Barnhart & Shipley

Can a Personal Injury Case Turn into a Wrongful Death Claim?

It is never easy to lose a family member, but the loss is much more painful when the death of a loved one could have been prevented if someone had only acted responsibly. When another person’s failure to act responsibly...more

Perkins Coie

Arizona Federal Court Scrutinizes Reversionary Clauses in FLSA Class Action Settlements

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The federal district court in Arizona recently confirmed that employers need a compelling reason to include reversionary clauses in wage-and-hour class action settlements. In Kostov v. Maricopa County Special Health Care...more

Lasher Holzapfel Sperry & Ebberson PLLC

Is a Collaborative Divorce Right for You?

In 1990, attorney Stuart Webb inadvertently pioneered a new process for divorce aimed to minimize conflict and to resolve matters collaboratively and expeditously. Webb practiced family law and introduced a novel idea: he...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - July 2025

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This month’s Friday Five explores recent ERISA disability benefit decisions involving key issues such as when attorney’s fees should be decided and factors used in determining venue transfer. It also explores retroactive...more

Miles Mediation & Arbitration

Significant Changes Under Georgia’s New Tort Reform Legislation

You likely are aware that Governor Brian Kemp signed Georgia’s tort reform legislation (SB 68) on April 21, 2025, which made a number of changes to Georgia law. This article summarizes some of the major changes under that...more

Lathrop GPM

South Carolina Federal Court Vacates Partial Summary Judgment Citing Abusive Litigation

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A federal court in South Carolina recently sua sponte vacated its own grant of partial summary judgment due to the abusive nature of the ongoing litigation. YGM Franchise, LLC v. Wong, 2025 WL 1549606 (D.S.C. May 30, 2025)....more

Morris James LLP

Chancery Upholds Expulsion of LLC Investor, Awards Fees and Expenses Caused by Breach

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PJT Holdings, LLC v. Costanzo, C.A. No. 2023-0665-JTL (Del. Ch. May 15, 2025) - In anticipation of launching a chain of restaurants, three restaurant operators joined an outside investor to form a four-member,...more

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