163 results for 'cat:"Attorney Fees" AND cat:"Contract"'.
J. Van Tine finds that the lower court properly found for the insurer in a dispute over attorneys fees. The driver may not seek attorney fees because she did not prevail on any underlying claim based on her policy, as she released all policy-based claims pursuant to a settlement agreement. Affirmed.
Court: Illinois Appellate Court, Judge: Van Tine, Filed On: August 9, 2023, Case #: 220853, Categories: attorney Fees, contract
Per curiam, the appellate division finds that the lower court properly dismissed claims against three clients seeking to recover legal fees for lack of jurisdiction. The firm only represented these clients in a lawsuit filed in New Mexico, but the clients never traveled to New York in connection with the representation. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 9, 2023, Case #: 04199, Categories: Jurisdiction, attorney Fees, contract
J. Hsu partially grants the vehicle owner’s motion for attorney fees following a settlement with Jaguar Land Rover of his lemon law and contract lawsuit. Not all of the billed hours are reasonable, as some of the entries show multiple attorneys performing the same work or spending an unreasonably long time on a task. Counsel is entitled to a positive multiplier of 0.10 for taking the case on a contingency basis, but is not entitled to the requested 0.20 multiplier because the case was largely routine. Counsel is awarded $39,191 in fees.
Court: USDC Central District of California, Judge: Hsu, Filed On: August 7, 2023, Case #: 2:22cv6508, NOS: Other Contract - Contract, Categories: Warranty, attorney Fees, contract
J. Mercier finds that the trial court improperly ruled in favor of the consulting service on its breach of contract and breach of fiduciary duty claims against the staffing service in an action arising from the staffing service's alleged violation of an asset sales agreement. Questions of fact remain as to whether the consulting service waived strict compliance with the agreement and whether the parties modified the agreement. Questions of fact also remain as to the amount owed to the consulting service and whether the staffing service properly withheld any of the payments. The trial court incorrectly found in favor of the consulting service on the staffing service's request for attorney fees. However, the trial court correctly refused to find in favor of the consulting service on the staffing service's breach of contract and unjust enrichment counterclaims. Reversed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: August 2, 2023, Case #: A23A1042, Categories: Fiduciary Duty, attorney Fees, contract
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J. Brooks partly grants a contractor’s motion to be awarded attorney fees after winning a jury trial in a breach of contract suit, but reduces the amount requested to $296,000 in fees and costs.
Court: USDC Western District of Arkansas , Judge: Brooks, Filed On: July 27, 2023, Case #: 5:2cv5141, NOS: Other Contract - Contract, Categories: Jury, attorney Fees, contract
J. Palafox finds that a lower court ruled correctly in favor of a client in a dispute with an attorney over attorney fees related to a separate matter. The attorney raises a range of issues on appeal, but most of those issues are "inadequately briefed." While the attorney need only show that he completed contractual work but was not paid an agreed-upon amount for it, some potentially critical documentation here, such as invoices, "were not received into evidence." Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: July 25, 2023, Case #: 08-22-00131-CV, Categories: attorney Fees, contract
J. Smith finds the trial court improperly granted a radiology services provider summary judgment for a contract claim as it pertains to "non-Peck" cases and attorney fees. The evidence does not support the finding that the parties' contract was not modified to accept the non-Peck cases. Reversed.
Court: Florida Courts Of Appeal, Judge: Smith, Filed On: July 21, 2023, Case #: 6D23-469, Categories: attorney Fees, contract
J. Pratt grants plaintiff attorney fees and finds for plaintiff regarding venue in this contract action because evidence indicates that defendant, a proper party to the action, acted improperly to have the case removed to federal court.
Court: USDC Southern District of Indiana, Judge: Pratt, Filed On: July 20, 2023, Case #: 1:23cv895, NOS: Other Contract - Contract, Categories: Venue, attorney Fees, contract
[Consolidated.] J. Yates finds the trial court improperly found that the law firm which successfully represented the injured party in this auto crash insurance dispute is entitled to attorney fees equaling one-third of attendant-care benefits for three years. Though the injured party believes the law firm is not entitled to future fees and the law firm believes it is entitled to fees in perpetuity, the trial court in fact incorrectly relied on a statutory analysis rather than the contract in its resolution. The contract allows strictly for one-third of the $251,523 settlement to be allocated for attorney fees. Vacated and remanded.
Court: Michigan Court of Appeals, Judge: Yates, Filed On: July 20, 2023, Case #: 361452, Categories: Insurance, attorney Fees, contract
J. Quereshi grants a joint motion between a food and beverage manager and a hospitality company after the manager sued for employment law violations. The manager claims she worked in excess of 90 hours a week, although she had been promised no more than 50, and that she was not compensated for overtime. Both parties agree to a settlement of $32,000, and the case is dismissed with prejudice.
Court: USDC Maryland, Judge: Quereshi, Filed On: July 19, 2023, Case #: 8:23cv839, NOS: Fair Labor Standards Act - Labor, Categories: attorney Fees, contract, Labor
J. Nagala denies, in part, the property buyer's motion to dismiss a counterclaim for attorney fees filed by the seller, ruling the seller was not required to wait until the conclusion of the case to raise its motion for fees. Depending on the outcome of the case, it might be prevented from filing such a post-trial motion.
Court: USDC Connecticut, Judge: Nagala, Filed On: July 12, 2023, Case #: 3:23cv240, NOS: Other Contract - Contract, Categories: Real Estate, attorney Fees, contract
J. Smith finds the trial court properly and improperly ruled in a breach of contract case following a dispute over the sale of property by Woodhull Ventures to Megatel Homes. Megatel failed to establish that Woodhull breached the contract to transfer the property. However, the trial court abused its discretion in finding Megatel was not entitled to the award of attorney fees. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: July 7, 2023, Case #: 03-21-00390-CV, Categories: Property, attorney Fees, contract
J. Soud finds the trial court properly partitioned and distributed the proceeds from the judicial sale of a residential property previously co-owned by the daughter and the mother. The trial court's decision awarding attorney fees to the mother but not the daughter must be affirmed because it cannot be fully reviewed with the available record, in part because there is no transcript of the hearing on attorney fees to determine if the trial court abused its discretion by weighing the equities involved, including whether one of the parties brought frivolous arguments or defenses. The trial court's decision on attorney fees and its final accounting and distribution of the proceeds from the sale are upheld. Affirmed.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: July 7, 2023, Case #: 23-0010, Categories: Property, attorney Fees, contract
J. Carlyle finds that the lower court properly denied the pilot's request for attorney fees following a jury trial in this breach of contract lawsuit against a former employer. The lower court entered a take-nothing judgment against both parties but granted the pilot's declaratory judgment claim. However, the record does not establish his right to fees as a matter of law. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: June 30, 2023, Case #: 05-22-00919-CV, Categories: attorney Fees, contract
J. Doyle finds that the trial court properly ruled in favor of the association and board members in a declaratory relief action brought by the couple after the association levied fees for the couple's above-ground pool. The trial court correctly found that there was no genuine issue of fact as to whether the board's exercise of authority was not procedurally fair and reasonable. The board was entitled to recover the fines imposed on the couple. However, the trial court incorrectly found that the board was entitled to attorney fees. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 28, 2023, Case #: A23A0620, Categories: attorney Fees, contract
J. Hassan finds that the lower court properly denied the attorneys' dismissal motion filed under the Texas Citizens Participation Act (TCPA) in a suit alleging they owe fees to another attorney they partnered with in pharmaceutical litigation. The TCPA is not applicable in this case since the claims do not involve the right of free speech and are based on a "private contract dispute." Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: June 27, 2023, Case #: 14-20-00777-CV, Categories: Anti-slapp, attorney Fees, contract
J. Cummings, as part of an underlying contract suit between sanitation companies, grants defendant sanitation and telematics companies a collective $28,000 in costs and attorneys fees. The fees stem from defendants' work to prosecute a motion to strike a supplemental expert report of plaintiff sanitation company.
Court: USDC Northern District of Illinois, Judge: Cummings, Filed On: June 27, 2023, Case #: 1:16cv3371, NOS: Other Contract - Contract, Categories: attorney Fees, contract
J. Johnson finds the trial court properly found in favor of the residential fiber optic broadband service business partner who allegedly failed to form the LLC as an equal partnership, as agreed. An original “letter agreement” included material terms such as ownership units, capital contributions and the effective date of formation, though the amended and restated “company agreement” was never executed. The court also properly denied the prevailing party’s request for attorney fees. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: June 22, 2023, Case #: 09-21-00340-CV, Categories: Business Expectancy, attorney Fees, contract
J. Kennedy finds that the lower court properly granted a take-nothing summary judgment and awarded attorney fees in this suit alleging negligent misrepresentation and third-party-beneficiary breach of contract. The individual appellant was not a party to the consulting agreement at issue, and the evidence does not establish that "he was an intended third-party beneficiary." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: June 21, 2023, Case #: 05-22-00293-CV, Categories: Civil Procedure, attorney Fees, contract
J. Beetlestone grants in part Five Below’s motion for an award of legal costs after a jury ruled in its favor in a case with a hand sanitizer producer who failed to meet the requirements of the parties’ contract during the Covid-19 pandemic. Five below is entitled to reimbursement for costs incurred over transcript fees, travel and lodging, and other court costs.
Court: USDC Eastern District of Pennsylvania, Judge: Beetlestone, Filed On: June 21, 2023, Case #: 2:21cv1406, NOS: Other Contract - Contract, Categories: Settlements, attorney Fees, contract
Per curiam, the Fifth Circuit finds the district court improperly awarded $431,608 in attorney fees to the wireless company in this contract dispute alleging that the company contracted with a competitor when the software company failed to deliver billing software on schedule. The court erred by using the total number of segregated hours rather than the total number of unsegregated hours in the base lodestar calculation, resulting in a double deduction. Reversed and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 19, 2023, Case #: 22-50254, Categories: attorney Fees, contract, Technology
J. Asplin finds a lower court properly dismissed a packaged food company's contract claims against a law firm. The food company argued that the law firm over charged it for a retainer. The law firm sufficiently showed and that the price of the retainer was based on a reasonable contractual interest rate fixed fee. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Asplin, Filed On: June 15, 2023, Case #: CA-2022-1356, Categories: attorney Fees, contract
J. Carlyle finds that the lower court properly allowed the appellant's motions to be overruled by operation of law in this breach of contract lawsuit against an attorney. The suit was dismissed under rule 91a, and the appellant fails to negate "at least one valid ground on which the trial court could have relied in granting rule 91a dismissal." Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: June 13, 2023, Case #: 05-21-01061-CV, Categories: attorney Fees, contract
J. Wilson advances certain fraud and contract claims in which skill games manufacturer Pace-O-Matic contends former legal defense team Eckert, Seamans Cherin & Mellott also accepted competitor Parx Casino in order to tip the scales in favor of Parx. Eckert cannot dismiss Pace-O-Matic’s claims seeking a declaratory judgment because the claims are more broad than those addressed in a prior injunction, and it is too soon to determine whether Pace-O-Matic will seek additional relief because discovery is still underway.
Court: USDC Middle District of Pennsylvania, Judge: Wilson, Filed On: June 12, 2023, Case #: 1:20cv292, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, attorney Fees, contract