Settlement, Attorney's Fees, Breach of Contract

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

Carlton Fields on 7/28/2025

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

The Business Value of Engaging a Litigator Before You Are In Court

DarrowEverett LLP on 6/5/2025

The point when what began as a negotiation, or even a conversation, ripens into a full-blown lawsuit is rarely clear. Yet it is certainly clear that the courtroom is not where any of the parties to a once-promising business...more

Insurance Bad Faith Claims Following Car Accidents: When and Why They Arise

Maison Law on 5/6/2025

Dealing with an insurance company after a car accident can be a real pain. Having to talk to an investigator (after you've already spoken with the police), wait months for a determination, and potentially get denied coverage...more

There’s No Tying in Litigation - Factors to Determine the Winner for Fee Shifting Provisions

Pierce Atwood LLP on 10/20/2023

Deciding whether to include a prevailing party attorneys’ fee provision in a contract is important, as doing so has significant risk and cost implications of litigation. Prevailing party provisions foster dispute...more

The Implications of California’s Departure From Judgments by Confession

Snell & Wilmer on 7/27/2023

Traditionally, California permitted judgments by confession are subject to certain limitations, such as requiring an independent attorney to examine the proposal and advise the debtor on the waiver of rights and defenses. As...more

Settlement and Breach of Contract: Key Takeaways from Parkway

BCLP on 7/8/2020

This case concerns a company (“U.S. Home”) entering into a contract to purchase land from a limited liability company (“Purchase Agreement”) solely owned by two brothers (“Sellers”). On the same day of the purchase, U.S. Home...more

"Prevailing party" is not limited to successful litigants. Attorney fees awarded in settlement.

Hinshaw & Culbertson LLP on 1/13/2014

In Medical Protective Co. v. Pang, 2013 DJDAR 14233 (2013), the United States Court of Appeal for the Ninth Circuit decided a fee case under Arizona Revised Statute Section 12-341.01. The statute allows fee awards in cases...more

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