163 results for 'cat:"Attorney Fees" AND cat:"Contract"'.
J. Simon awards the car owner $20,000 in attorney fees and $518 in costs following a default judgment in his favor in his complaint that the car shop did not restore a 1966 Ford Mustang, lied about the restoration status, and returned the vehicle needing significant repairs. The car owner's requested hourly rates are reasonable but not all billed hours are reasonable.
Court: USDC Oregon, Judge: Simon, Filed On: March 20, 2024, Case #: 3:22cv1387, NOS: Other Contract - Contract, Categories: Vehicle, attorney Fees, contract
J. Peterson grants the rubber flooring manufacturer's motion for attorney fees and costs in a breach of contract suit it faced from the flooring retailer. In part because the billing records the manufacturer submitted for its national counsel contain redactions that do not jibe with federal court requirements and do not make it possible to determine whether the fees requested are reasonable, the manufacturer's request for attorney fees is reduced by $20,089. In total, the manufacturer is awarded $60,701 in attorney fees plus $4,619 in expenses and costs.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: March 20, 2024, Case #: 3:22cv244, NOS: Other Contract - Contract, Categories: attorney Fees, contract
J. Jackson denies a magistrate judge’s recommended amount of $84,000 in contractual damages for a prevailing contractor’s failure-to-perform judgment against a fabricator of countertops. The recommendation would put the prevailing litigant in “a better position” than it would have been if the counter-top maker had performed as promised. stead, the prevailing contractor is awarded $68,000 in contractual damages and $46,000 in attorney fees.
Court: USDC Middle District of Louisiana, Judge: Papillion, Filed On: March 20, 2024, Case #: 3:19cv781, NOS: Other Contract - Contract, Categories: Damages, attorney Fees, contract
J. Molberg finds that the lower court properly entered a final judgment awarding attorney fees to the appellee in this dispute arising from a mineral lease. The appellant waived its complaint regarding the severance order, and it fails to show an abuse of discretion as to the attorney fees. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: March 19, 2024, Case #: 05-22-00292-CV, Categories: attorney Fees, contract
J. Barker grants, in part, the patentholder's motion for attorney fees, ruling that while its success in the levy of sanctions against the competitor entitles it to reasonable fees for the outside counsel hired to litigate the sanctions, it is not entitled to fees for the work spent in crafting its reply to the opposition motion filed by the competitor; therefore, the patentholder is awarded $43,000 in fees.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: March 15, 2024, Case #: 1:21cv662, NOS: Other Contract - Contract, Categories: Patent, attorney Fees, contract
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J. Osteen grants an online political strategy firm’s motion for summary judgment following its claim that a multinational investment company failed to pay a third installment on a $900,000 promissory note. This claim comes after the company was recently sued for public corruption for bribing politicians in exchange for governmental decision making power that would benefit the company. The company shows no evidence that it is not obligated to pay the third installment of $300,000 plus interest and attorney fees of $45,000.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 14, 2024, Case #: 1:21cv206, NOS: Other Contract - Contract, Categories: Debt Collection, attorney Fees, contract
J. Barnes finds that the trial court properly ruled in favor of the individual in a breach of contract and conversion action against the business's majority owners. The action arose after the owners refused the individual's attempt to rescind a contract to buy an ownership interest in the business. The trial court correctly awarded the individual money damages against the owners instead of the business. However, the trial court incorrectly ruled in favor of the individual on his claim for attorney fees. Only a jury can find liability and award attorney fees under the statute. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: March 13, 2024, Case #: A23A1705, Categories: attorney Fees, contract
J. Huffman holds that the trial court abused its discretion by granting a judgment debtor's motion to tax costs after finding that a judgment creditor had not yet prevailed on its fraudulent transfer claim. Statute does not have a prevailing party requirement where a judgment creditor incurs reasonable and necessary interim costs to enforce a judgment. Reversed.
Court: California Courts Of Appeal, Judge: Huffman, Filed On: March 8, 2024, Case #: D081492, Categories: Enforcement Of Judgments, attorney Fees, contract
J. Fischer finds the district court improperly denied the insurance company's motion for attorney fees in this declaratory judgment action. The company filed to determine whether its appraisal procedure had been triggered by the insured's demand for a storm damage appraisal. The company prevailed on its appraisal issue and the insured's contract counterclaim. Reversed.
Court: Oklahoma Courts Of Appeal, Judge: Fischer , Filed On: March 7, 2024, Case #: 119695, Categories: Insurance, attorney Fees, contract
J. Witt finds that the lower court properly allocated attorneys' fees in a settlement of claims asserted against the Board of Trustees of the Missouri Public Entity Risk Management Fund. The court did not misapply the law in holding they could not recover attorneys' fees absent an existing contingency fee contract. Further, the law firm did not prove the reasonable value of the services it performed. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: February 20, 2024, Case #: WD85947, Categories: attorney Fees, contract
[Consolidated.] J. Smith finds a lower court improperly imposed attorney fees against a trustee. An international jet company argued that a jet group was obligated to pay its attorney's fees after breaching a loan agreement for the purchase of an aircraft. However, the trustee sufficiently showed in court that he was not a party to the term loan agreement. Vacated in part.
Court: 8th Circuit, Judge: Smith, Filed On: February 9, 2024, Case #: 21-1795, Categories: attorney Fees, contract
J. Shea denies the client's motion for a new trial, ruling the jury's finding of a willful and malicious breach of its services contract with the law firm is not against the weight of the evidence, which indicated the client was happy with the firm's performance up until it learned of the adverse jury verdict in the underlying Kentucky trial and then simply refused to pay its legal fees. Meanwhile, because the question of whether the firm and other litigants can seek punitive damages on a contract claim outside the context of an insurance dispute is unsettled in Connecticut, the issue must be certified to the Connecticut Supreme Court for consideration.
Court: USDC Connecticut, Judge: Shea, Filed On: February 8, 2024, Case #: 3:19cv1124, NOS: Other Contract - Contract, Categories: Damages, attorney Fees, contract
J. Greene finds that the trial court properly denied the attorney additional fees from his former client who did not fully pay a note for a contingency fee debt and then filed for bankruptcy protection. The note did not obligate the former client to pay the additional fees that the attorney incurred in the bankruptcy case. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: February 8, 2024, Case #: 2023CA0694, Categories: Bankruptcy, attorney Fees, contract
J. Goodwin grants in part a Charleston attorney's motion for attorneys fees in the breach of contract suit two other attorneys filed claiming he unjustly enriched himself in filing civil actions for former students of the Miracle Meadows School, a now-shuttered Seventh Day Adventist boarding school in Harrison County, after working jointly with them to file the first 29 suits that ultimately resulted in a $100 million settlement. Since the two attorneys recognized their claim lacked merit due to the absence of a joint venture agreement in the latter cases and voluntarily dismissed the complaint, and the one attorney failed to file for sanctions, he is entitled to an award of attorneys fees as they relate to responding to the two other attorneys' motion to disqualify the Bailey and Glasser law firm and the omnibus renewed motion to file documents under seal. The court holds in abeyance determining the amount until detailed bills are submitted, which are to be provided within 10 days.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: February 5, 2024, Case #: 2:22cv604, NOS: Other Contract - Contract, Categories: Business Practices, attorney Fees, contract
J. Cruz finds a lower court improperly ruled in favor of a cannabis dispensary on contract claims brought by an investor. The cannabis dispensary, which housed faulty equipment and diseased plants, argued that the investor is not entitled to monetary relief based on new tenancy. However, although the investor prevailed on claims for damages, the attorney's fee award is remanded for redetermination. Reversed in part.
Court: Arizona Court Of Appeals Division One, Judge: Cruz, Filed On: February 5, 2024, Case #: 1 CA-CV 21-754, Categories: attorney Fees, contract
J. Anello partly grants Circle K Store's motion for attorney fees after prevailing on contract claims brought by a fuel supplier. Circle K requests more than $1.1 million in fees, but this amount is reduced to $806,000 because Circle K submitted billing entries containing redactions that are "insufficient to support the request to be compensated for those hours." Circle K fails to provide a sufficient explanation as to why the sealed versions of the records must contain redactions and why the court cannot view the redactions.
Court: USDC Southern District of California, Judge: Anello, Filed On: February 1, 2024, Case #: 3:21cv1416, NOS: Other Contract - Contract, Categories: attorney Fees, contract
J. Bokor finds the circuit court improperly entered a final default judgment ordering the client to pay the law firm $20,000 in unpaid retainer fees for representation in multiple domestic violence cases. The client correctly argues that the circuit court lacked subject-matter jurisdiction over the case because the amount of money in controversy was not more than $30,000, so the default judgment is vacated and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: January 31, 2024, Case #: 23-0798, Categories: attorney Fees, contract
J. Williams finds that the lower court improperly awarded prejudgment interest and attorney fees to the appellee grain company in this breach of contract lawsuit regarding certain shipments of wheat and corn. The prejudgment interest is accordingly modified, and the issue of attorney fees is remanded for further proceedings. Reversed in part.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: January 25, 2024, Case #: 11-22-00107-CV, Categories: attorney Fees, contract
J. Harris holds that the trial court must reassess whether a commercial tenant's breach of a settlement agreement was a material breach and, if it was, whether the landlord is entitled to damages or to have the settlement agreement rescinded. In the process, the trial court must determine whether the parties can be restored to their pre-settlement status and whether equitable concerns merit rescission instead of enforcement of the agreement's terms. After those issues are resolved, the trial court can re-evaluate the parties' requests for attorney fees and assess which party prevailed in each phase of litigation. Vacated.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: January 25, 2024, Case #: 20220003-CA, Categories: Settlements, attorney Fees, contract
J. Buller finds that restaurant owners were improperly ordered to pay attorney fees after being sued for failing to pay the lease and damages to property they had vacated because the language of the indemnity provision in the parties' contract did not clearly demonstrate intent to shift fees to the owners in the event of a dispute. Affirmed in part.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 23-0231, Categories: Landlord Tenant, attorney Fees, contract
J. Stuart- Smith finds a lower court properly dismissed a law firm's contract claims against a client. The law firm argued that it properly billed the client for estate administration services. However, the client presented sufficient evidence in court that the law firm failed to undergo assessment of fees before billing him. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Stuart- Smith, Filed On: January 18, 2024, Case #: CA-2023-440, Categories: attorney Fees, contract
Vice Chancellor Zurn denies the former officers' summary judgment motion seeking advancement of litigation fees and expenses in a federal action asserting fraud and contract claims. As a gating issue, an arbitration provision in the company's operating agreement is inapplicable, and because the operating agreement was amended and then supplanted by a new agreement, the former officers' advancement rights may have been repealed.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: January 17, 2024, Case #: 2023-0813-MTZ, Categories: Fraud, Interference With contract, attorney Fees
J. Stegner finds that the trial court properly dismissed a homeowners' association's contract claims against property owners over allegedly unpaid assessments since the association failed to show they had violated its covenants, conditions and restrictions. On remand, the trial court must revisit its partial award of attorney fees to the association. Attorney fees may be awarded to a non-prevailing party if the party is entitled to them under a contractual provision and the party prevailed on a discrete contractual claim. Reversed in part. Vacated in part.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: January 12, 2024, Case #: 49371, Categories: Property, attorney Fees, contract
J. Land denies the companies' motions for judgment as a matter of law and new trial in a breach of contract action against the business owner. The business owner's motion to alter or amend the judgment is also denied. The jury verdict in favor of the companies on the owner's breach of contract counterclaim and in favor of the owner as to a breach of contract claim is supported by the evidence and is not contrary to the law. Both parties' motions for attorney fees are denied. The companies did not sufficiently prevail on their claim for breach of a consulting agreement to be entitled to recover their litigation expenses, including attorney fees. The previously entered judgment will be amended to remove language that the parties will bear their own costs and replaced with language reflecting that the owner will recover their costs from the companies in the amount of $34,000.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: January 11, 2024, Case #: 4:21cv95, NOS: Other Contract - Contract, Categories: attorney Fees, contract
J. Simon grants the agricultural chemical company $25,300 in attorney fees and $1,000 in costs following its successful lawsuit asserting that the farm supplies company owes the agricultural chemical company $909,300 for agricultural and turf chemical products provided. The agricultural chemical company requests $27,100 in attorney fees, but while the counsel and paralegals' hourly rates are reasonable, nearly all of the agricultural chemical company's time entries are block-billed and some include purely clerical tasks.
Court: USDC Oregon, Judge: Simon, Filed On: January 4, 2024, Case #: 2:22cv581, NOS: Other Contract - Contract, Categories: attorney Fees, contract