18 results for 'cat:"Arbitration" AND cat:"Attorney Fees"'.
J. Tunheim grants a motion to correct clerical errors in a prior order on an arbitration award, but denies motions to stay enforcement of a judgment, to expedite, and to alter or correct that judgment and adopts a magistrate judge's report and recommendation, while denying attorney's fees to all parties.
Court: USDC Minnesota, Judge: Tunheim, Filed On: April 30, 2024, Case #: 0:17cv5009, NOS: Other Contract - Contract, Categories: arbitration, Civil Procedure, attorney Fees
J. Immergut grants the insurance company's motion to compel arbitration in the insured's lawsuit alleging that the insurance company wrongfully disagreed with the value of the insured's claim for the injuries she sustained while pregnant during an accident with an at-fault, underinsured motorist. The insured implicitly agreed to arbitration when her demand letter stated that she “demands, consents, offers and commits to arbitration," so no new consideration is required. The insured also limited her ability her recovery attorney fees when she instituted arbitration proceedings.
Court: USDC Oregon, Judge: Immergut, Filed On: April 26, 2024, Case #: 3:24cv25, NOS: Insurance - Contract, Categories: arbitration, Insurance, attorney Fees
J. Spain finds that the trial court properly confirmed an arbitration award in favor of the former attorneys of a community association that was involved in condemnation proceedings for a property. The arbitrator did not exceed her authority to award the attorneys fees on their quantum meruit claim. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: April 11, 2024, Case #: 14-21-00630-CV, Categories: arbitration, Property, attorney Fees
J. Nye denies a company's motion for attorney fees following arbitration of a supply agreement dispute, and its subsequent request that the court confirm the arbitration award. The arbitrator entered an award in the company's favor and stated that the other party should pay the company's costs of arbitration. The arbitrator made "very specific findings regarding the reasonableness of the costs imposed" and did not mention future costs or costs related to the confirmation of the company's award. There are no grounds entitling the company to an award of fees and costs.
Court: USDC Idaho, Judge: Nye, Filed On: April 1, 2024, Case #: 4:23cv206, NOS: Other Statutory Actions - Other Suits, Categories: arbitration, attorney Fees
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J. Pedersen finds that the lower court properly confirmed an arbitrator's award and denied the appellant's motion "to reconsider the propriety of compelling arbitration." The appellant contends that he never agreed to arbitrate the disputes with the appellees. However, the lower court did not abuse its discretion by ordering the arbitration, as the appellant's claims depend on a certain stock purchase agreement and he cannot "avoid the arbitration clause that governs" the agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: December 21, 2023, Case #: 05-22-00841-CV, Categories: arbitration, Legal Malpractice, attorney Fees
J. Aarons finds that the lower court properly set compensation for an attorney who represented a beneficiary in judicial accountings for two trusts because it was not necessary to refer the matter to arbitration before a dispute resolution body since, by law, surrogate's courts may fix counsel fees. Meanwhile, malpractice allegations could not be resolved by arbitration. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: December 7, 2023, Case #: 533523, Categories: arbitration, Trusts, attorney Fees
J. McKay holds that the trial court must determine whether equitable considerations excuse an attorney's failure to timely serve a petition to vacate an attorney fee arbitration award. The attorney made multiple, unsuccessful attempts at service and the evidence shows the client had actual notice of the petition within the 100-day deadline. Reversed.
Court: California Courts Of Appeal, Judge: McKay, Filed On: November 1, 2023, Case #: BV 033781, Categories: arbitration, attorney Fees
J. Oden Johnson finds that the lower court properly awarded attorney fees to the car dealership after it compelled the parties to arbitration. Plaintiff's attorney filed three motions to reconsider which were not well-grounded in fact and appeared to be an effort to harass the dealership or delay the proceedings. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: October 20, 2023, Case #: 221590, Categories: arbitration, attorney Fees
J. McFadden finds that the trial court properly entered an order disbursing funds held in the court registry on the basis of a now-canceled attorney's lien filed by the law firm and attorney. The order arose after an arbitrator in an underlying proceeding between the attorney and the client found that the client did not owe the attorney any attorney fees. The possibility that future proceedings could affect the arbitration award did not remove the trial court's discretion to control the funds in the registry. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: October 13, 2023, Case #: A23A0651, Categories: arbitration, attorney Fees
J. Block, in a rare ruling, awards a former Bronx Community College substitute athletic manager $75,000 in attorney fees despite a jury finding that he failed to prove that he was wrongfully terminated after receiving allegations of sexual harassment from a female athlete and awarded him $1 in nominal damages for his due process claims. The court finds the unique circumstances regarding his claims warranted the extraordinary award, most notably on the basis that CUNY mooted an arbitration proceeding which ultimately deprived him of his liberty interest in clearing his name from the underlying accusations.
Court: USDC Eastern District of New York, Judge: Block, Filed On: October 3, 2023, Case #: 1:19cv480, NOS: Other Civil Rights - Civil Rights, Categories: arbitration, Employment, attorney Fees
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. Kobayashi denies attorney fees to the plaintiff communications company and grants the defendant communications company's objection to a lower court's decision to grant the fees. The defendant communications company properly removed the case to federal court and did not cause unreasonable delay to proceedings, so a "discretionary award of attorney fees is not warranted."
Court: USDC Hawaii, Judge: Kobayashi, Filed On: June 29, 2023, Case #: 1:22cv302, NOS: Arbitration - Other Suits, Categories: arbitration, attorney Fees