News & Analysis as of

Attorney's Fees Real Estate Transactions

Lowndes

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

Lowndes on

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

Lowndes

Just Argued: Florida Supreme Court Tackles Property Law Shake-Up That Could Hit Property Owners and Developers Alike

Lowndes on

This morning, the Florida Supreme Court heard RJ’s International v. Crown Castle, a high-stakes case poised to reshape how contractual terms in property agreements affect future landowners. The justices are weighing whether...more

Orrick, Herrington & Sutcliffe LLP

Arkansas enacts law allowing mortgagors to recover attorney’s fees

On March 18, the state of Arkansas enacted HB 1238 (the “Act”) to amend the state’s foreclosure law to allow mortgagors to recover attorney’s fees if a foreclosure sale is set aside due to a mortgagee’s failure to comply with...more

Stotler Hayes Group, LLC

Lien on Me – How an Attorney Can Help Secure Your Debt

Too often creditors are faced with accounts that are seemingly uncollectable. If the debtor had money on hand to pay, presumably they would not have incurred the debt at all, right? Especially in the realm of medical debt,...more

Katten Muchin Rosenman LLP

If You Wanted Heat, You Should Have Put It In The Lease

A D.C. hospital operator's effort to get its HVAC system upgraded has backfired in nightmarish fashion for the operator. Hospital operator DCA leased its Northeast D.C. premises from Capitol Hill Group starting in late...more

Cadwalader, Wickersham & Taft LLP

To Pay, or Not to Pay, the Co-op’s Attorneys’ Fees; That is the Question

On January 28, 2025, the New York Appellate Division, First Department refused to enforce a contractual provision that required a tenant-shareholder to pay a co-op’s attorneys’ fees in all lawsuits that the tenant-shareholder...more

Patton Sullivan Brodehl LLP

Court Gives Guidance On Procedure For Pursuing “Tort Of Another” Damages

In 1963, the California Supreme Court adopted the “tort of another” doctrine in the seminal case Prentice v. North American Title Guaranty Corporation  (1963) 59 Cal.2d 618.  According to the doctrine, any party who is...more

Patton Sullivan Brodehl LLP

A Dissolved LLC Can Still Recover Attorney Fees

An LLC Jungle post from last year addressed the issue of whether derivative claims can be pursued for a dissolved LLC.  See: Can Derivative Claims be Pursued for a Dissolved or Cancelled LLC?  The short answer is “yes.”...more

Patton Sullivan Brodehl LLP

Court Boldly Goes Where No Court Has Gone Before While Navigating the Nuances of Attorney’s Fees and the Alter Ego Doctrine

Nothing triggers nerdy excitement within the legal community quite like a freshly decided case that claims to address an issue “which appears to be a question of first impression.” This is the court’s way of proclaiming in...more

Pierce Atwood LLP

In Massachusetts, Defendant Who Prevails on Special Motion to Dismiss Lis Pendens Case Can Recover Appellate Attorneys’ Fees

Pierce Atwood LLP on

In its decision last week in DeCicco v. 180 Grant Street, LLC, the Massachusetts Supreme Judicial Court (SJC) answered a previously open question, confirming that a defendant who successfully moves to dismiss a complaint in...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 7, 2020

Carlton Fields on

Real Property Update - Fraudulent Transfer: Real property that was worth less than mortgage encumbering it was not an asset per the plain language of section 726.102(2) and, therefore, could not support fraudulent transfer...more

Perkins Coie

Award of Attorney’s Fees Warranted Where Plaintiff Lost on Most Claims But Achieved Primary Litigation Objective

Perkins Coie on

A plaintiff challenging a city council’s interpretation of a local ballot measure was entitled to recover costs and attorney fees when successful on only one cause of action because the primary relief sought was granted....more

Shutts & Bowen LLP

If I Drop My FDUTPA Claim Because I Realize I Can’t Prove Actual Damages, Am I Still Liable For The Defendant’s Attorney’s Fees?

Shutts & Bowen LLP on

Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”) prohibits unfair, deceptive, and unconscionable actors or practices in the conduct of any trade or commerce—including the purchase and sale of real estate. A...more

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide