166 results for 'cat:"Attorney Fees" AND cat:"Contract"'.
J. Jones finds the lower court erroneously determined the prevailing party on a claim-by-claim basis. Recent revisions to Colorado law require a court to determine the prevailing party for the action as a whole; therefore, the case must be remanded for the court to reallocate the award of attorney fees based on its proper determination the unit owner prevailed on its declaratory judgment claim against the owners association. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Jones, Filed On: October 26, 2023, Case #: 2023COA99, Categories: attorney Fees, contract
J. Hixson finds the trial court properly denied a law firm’s motion to amend the pleadings to conform to the truth in this suit brought on claims that the other firm breached a fee-sharing agreement. The motion to amend could have been requested at various points during the 13-year process of litigation. Though, being it is undisputed that an involved attorney was accommodated with an office at the law firm, instead of denying his unjust enrichment claim because of the finding that there was no enforceable contract, the court should have considered the evidence and decided on the basis of proper standards. Because the court of appeals reverses on direct appeal, it declines to address the other firm’s argument on cross appeal concerning the court’s denial of attorney fees. Affirmed in part on direct appeal. Reversed and remanded in part on direct appeal. Cross appeal dismissed.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: October 25, 2023, Case #: CV-20-213, Categories: Fiduciary Duty, attorney Fees, contract
J. Hixson finds the circuit court improperly granted summary judgment to the law firm, finding that the breach of a fee-sharing contract claims brought by the other law firm are barred after an initial case resulted in the court’'s finding that no contract existed. The law firm’s claim that it was entitled to summary judgment on the basis of res judicata is misplaced, as the original suit resulted in the finding that no contract existed. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: October 25, 2023, Case #: CV-21-276, Categories: Due Process, attorney Fees, contract
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J. Brown finds the county court properly entered the post-divorce order requiring the father to pay 25% of his bonuses but not his commissions and crediting payments made directly to the mother against arrearage. Because payments made were in accordance with court-ordered child support, they were not voluntary payments for which the father is not entitled to credit. And though the wife did not prevail on all matters, the court’s award of attorney fees to her is not an abuse of discretion. The husband offers no support for his claim that the award was related to the difference between the parties’ income. Affirmed on direct and cross appeal.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: October 18, 2023, Case #: CV-21-503, Categories: Family Law, attorney Fees, contract
J. Peterson finds in favor of the law firm in its lawsuit seeking payment from a former client of a roughly $96,000 bill for the firm's successful legal work on his behalf in a dispute with his employer. The client's claim of malpractice against the firm, supported only by his own "personal dissatisfaction" with his attorney's work, is not enough to overcome the fact that he has clearly breached his contract with the firm by refusing to pay his bill. Summary judgment is granted to the firm, and it is awarded its $96,952 unpaid bill in addition to damages and expenses for a total judgment of $149,180.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: October 17, 2023, Case #: 3:22cv66, NOS: Other Civil Rights - Civil Rights, Categories: attorney Fees, contract
J. Watkins finds that the trial court properly ruled partially in favor of the law firm and attorney in a breach of contract and fraud action brought by the lawyer arising from an attorney fee-sharing agreement between the parties. The trial court correctly found in favor of the attorney on the lawyer's fraud and punitive damages claims because the attorney's act in giving the lawyer two-thirds of the attorney fees from a settlement meant the lawyer could not show a present intent not to perform at the time of the signing to the contract. A genuine question of fact exists as to whether the lawyer continued working on the case or was terminated or otherwise withdrew from representation. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 16, 2023, Case #: A23A0835, Categories: Fraud, attorney Fees, contract
J. Bryson declines to dismiss contract claims concerning an asset sale but vacates a prior ruling on the counterclaim by finding that indemnification for litigation fees and expenses is not time-barred under the purchase agreement. This aligns with the seller's argument that settlement proceeds constitute "insurance proceeds" under the agreement, a critical question that must be decided at trial.
Court: USDC Delaware, Judge: Bryson, Filed On: October 16, 2023, Case #: 1:21cv679, NOS: Other Contract - Contract, Categories: Indemnification, attorney Fees, contract
J. Schostok finds that the lower court improperly limited the employee's award of attorneys fees after he prevailed on the claim that his employer failed to pay him earned commissions for work completed under his contract. The court should not have limited its fee award to only one of the complaint's for counts. Reversed in part.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: October 11, 2023, Case #: 230030, Categories: Employment, attorney Fees, contract
J. Emas finds the trial court properly awarded attorney fees to the condo developer in a lawsuit from a real estate company over a failed deal between the two. The terms of an agreement in which the company assigned its rights to three condo units to another entity specifically holds that if the transaction failed to close and the developer prevailed in any legal action, both of which occurred, the company is liable for the developer's attorney fees and costs. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: October 4, 2023, Case #: 21-1547, Categories: Property, attorney Fees, contract
J. Tunheim partially grants the hand sanitizer manufacturer's motion for attorney fees and costs and to amend a judgment in its favor in its suit alleging failure to pay for its products. The purchaser has not demonstrated that the manufacture exaggerated its attorney's hours, but the total fees award is reduced by 30% since the suit involves relatively simple issues. The hourly rate of one attorney is reduced by $140. Costs are awarded in the amount of $3,561.28 and the judgment is amended to include post-judgment interest.
Court: USDC Minnesota, Judge: Tunheim, Filed On: October 2, 2023, Case #: 0:21cv1026, NOS: Other Contract - Contract, Categories: attorney Fees, contract
J. Doughty denies summary judgment to a Kentucky-based air conditioning contractor, finding a petroleum products company in southwest Louisiana has “submitted evidence of contradictory facts,” regarding the contractor’s claim for the unpaid amount of $131,778 from construction of industrial cooling towers built at a total cost exceeding $3.8 million dollars. The contractor’s additional claims for bad-faith attorney fees cannot be resolved because summary judgment for its breach of contract claim will be denied.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: September 29, 2023, Case #: 2:21cv3708, NOS: Other Contract - Contract, Categories: Construction, attorney Fees, contract
J. Bell denies an electrical contractor’s motion for judgment as a matter of law or, alternatively, a motion for a new trial in a breach of contract suit against a building technologies corporation. The suit was already presented as a jury trial and legitimately favored the corporation, so there is no need for a new trial. Also, the corporation’s motion for fees and costs is denied as it did not specify “attorney’s” fees in this motion, although it knew how to and could have done so.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: September 27, 2023, Case #: 3:21cv506, NOS: Other Contract - Contract, Categories: attorney Fees, contract
J. Grimberg grants the software development corporation's motion for default judgment in a breach of contract action against the company and awards the corporation $561,000 in contract damages and $171,000 in pre-judgment interest. The action arose after the company failed to pay for software development services. The company is ordered to show cause why the corporation should not also be awarded $10,000 in attorney fees.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 25, 2023, Case #: 1:22cv3390, NOS: Other Contract - Contract, Categories: Damages, attorney Fees, contract
J. Calabrese denies the competitors' motion for attorney fees, ruling that communications between the competitors and several principal agents of the company who filed suit for trade secret violations gave it legitimate reasons to pursue its lawsuit into the discovery phase, which prevents the award of fees for bad faith.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: September 19, 2023, Case #: 1:20cv1803, NOS: Other Contract - Contract, Categories: Trade Secrets, attorney Fees, contract
J. Early grants partial summary judgment in favor of an insurance firm in a lawsuit accusing a construction company and another business of breaching contractual indemnity obligations regarding surety bonds issued for various public works construction projects that were not completed. Arch argues the losses total over $12 million, which includes over $300,000 in attorney fees. The motion for attorney fees is denied and it is ordered that the business must pay the unpaid claims totaling over $11 million.
Court: USDC Central District of California, Judge: Early, Filed On: September 18, 2023, Case #: 5:21cv1876, NOS: Other Contract - Contract, Categories: Indemnification, attorney Fees, contract
J. Oliver finds that the trial court properly held that the individual tenant who signed a commercial lease on behalf of a non-existent company is responsible for unpaid rent. And the individual tenant's personal petition for bankruptcy was a material default under the plain terms of the lease. The landlord is awarded attorney fees on appeal. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: September 14, 2023, Case #: 20210655-CA, Categories: Property, attorney Fees, contract
J. Kennelly partially grants a sued wind turbine manufacturer’s motion for costs from the underlying contract interference suit with the suing Panamanian energy company. The court previously granted the turbine manufacturer summary judgment on all claims brought by the energy company, which alleged that the manufacturer wouldn’t allow the energy company to connect to Panama’s national electric grid via a substation the manufacturer owned. The the manufacturer petition the court for $182,661.56 in costs, the court only grants it $121,672.83.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: September 7, 2023, Case #: 1:20cv5035, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Energy, attorney Fees, contract
J. Quereshi partially grants a medical waste firm its motions for default judgment and confirmation of the arbitrator’s award after a contract dispute with its IT company customer. The customer has failed to participate in arbitration and court proceedings, warranting default judgment. The firm is awarded over $104,000 including the contractual claim and attorneys’ fees and costs, although its award is lower than it requested because its counsel’s billing was higher than is reasonable under local rules.
Court: USDC Maryland, Judge: Quereshi, Filed On: September 5, 2023, Case #: 8:22cv450, NOS: Arbitration - Other Suits, Categories: Arbitration, attorney Fees, contract
J. Klausner awards the vehicle owners $83,000 in attorney fees after BMW agreed to settle their warranty case for $15,000. The vehicle owners sought $135,400 in attorney fees, but the amount is reduced because their attorneys included hours spent in preparation for a hearing that never took place. Furthermore, an enhancement of the lodestar amount is not appropriate because their attorneys did not undertake a substantial risk by taking the case to justify an enhancement.
Court: USDC Central District of California, Judge: Klausner, Filed On: September 1, 2023, Case #: 2:22cv5668, NOS: Other Contract - Contract, Categories: Warranty, attorney Fees, contract
J. Boyle grants, in part, a food distributor's motion for attorney fees and interest in a breach of contract and guaranty case against a wholesaler, awarding it a total of $5.2 million. The guaranty at issue provides for certain rates, including prejudgment interest and attorney fees, and the rate is enforceable under Louisiana law.
Court: USDC Northern District of Texas , Judge: Boyle, Filed On: August 24, 2023, Case #: 3:19cv1057, NOS: Other Contract - Contract, Categories: Damages, attorney Fees, contract
J. Kautz finds that the lower court properly granted around $21,000 in attorney fees to an accounting firm after it prevailed on its contract claims against a former employee. The fee-shifting provision of the contracts at issue authorized an award of attorney fees and costs. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: August 24, 2023, Case #: S-23-0028, Categories: attorney Fees, contract
J. Bratvold affirms the district court's dismissal of the countertop installer's counterclaims against the countertop manufacturer in a dispute over the collapse of their business relationship, along with its denial of the installer's motion for a new trial, its instructions to jurors on recoupment damages, its awards of attorney fees and costs and disbursements to the manufacturer and its sanctions of the installer's attorney. The parties' relationship was not a franchise, since a franchise fee does not include agreements to purchase goods at a "bona fide wholesale price." The court's award of costs and disbursements based on an unaccepted zero-dollar settlement offer was also appropriate, since the relief awarded against the installer was less favorable than the offer. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Bratvold, Filed On: August 21, 2023, Case #: A22-0723, Categories: Sanctions, attorney Fees, contract