159 results for 'cat:"Attorney Fees" AND cat:"Contract"'.
Per curiam, the appellate division finds that the homeowner is entitled to nominal damages of $10 in a breach of contract action against her neighbor who completed their renovation using a cheaper brick that does not exactly match the homeowner's front façade. No evidence was admitted as to the cost of the bricks the defendant neighbor used, so it is not possible to determine the difference between that figure and the cost of matching bricks. However, the homeowner is entitled to attorney fees of $30,000, 10 percent of the amount she requested. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02253, Categories: attorney Fees, contract
J. Hixon finds the district court improperly entered summary judgment in favor of the law firm in this attorney fee dispute. The partnered law firm sought declaratory judgment regarding the enforceability of a fee-splitting/referral agreement, bringing multiple contract and fraud-based allegations, and seeking damages for alleged nonpayment. Though the agreement and associated contracts do not comply with requirements of a particular rule of professional conduct, the rule may not be used as a defense. Summary judgment on cases not litigated by the attorney was properly entered. Affirmed in part. Reversed in part.
Court: Oklahoma Courts Of Appeal, Judge: Hixon , Filed On: April 25, 2024, Case #: 120999, Categories: attorney Fees, contract
J. Marcel vacates the trial court's granting of costs to the plaintiff driver in a car collision action. In this case, the defendant driver made an offer of $75,000 that the plaintiff driver did not accept, and the plaintiff driver obtained a final judgment of $12,500, which is at least twenty-five percent less than the amount offered. Statute compensates the rejected offeror who is forced to incur greater trial litigation costs that could have been avoided if the offeree had not acted unreasonably in rejecting the offer. However, the amount of those costs remains within the broad discretion of the trial
court. Vacated.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: April 24, 2024, Case #: 23-CA-488, Categories: attorney Fees, contract
J. Brownlee finds the trial court improperly granted a patient summary judgment on his claim under the Florida Consumer Collection Practice Act that a foot and ankle center put a lien on his workers’ compensation settlement. The center argues there was insufficient evidence when the contingency fee multiplier was imposed. The court finds the multiplier failed factorial analysis from the beginning, but the patient presented no evidence relevant to the first factor. Therefore, this case is remanded solely to enter judgement without the contingency fee multiplier. Affirmed, in part. Reversed, in part.
Court: Florida Courts Of Appeal, Judge: Brownlee, Filed On: April 19, 2024, Case #: 6D23-665, Categories: Settlements, attorney Fees, contract
J. Pena finds that the appellant's appeal is moot as it relates to possession of the property and dismisses that part of the appeal in this forcible detainer action. The appellant "does not dispute he is no longer in possession of the premises," and he fails to present a meritorious claim to possession. As to the issue of attorney fees, the evidence does not sufficiently support the award. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: April 18, 2024, Case #: 13-22-00349-CV, Categories: Real Estate, attorney Fees, contract
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J. Contreras grants the appellant's motion for rehearing and replaces the prior opinion with the current opinion, holding that the lower court properly granted the appellee's motion to dismiss this breach of contract lawsuit pursuant to Rule 91a. The court concludes that "attorney immunity applies" to the case, meaning the claim had no basis in law. The judgment is modified, however, as to the award of attorney fees. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: April 18, 2024, Case #: 13-23-00122-CV, Categories: Civil Procedure, attorney Fees, contract
Per curium, at issue in this insurance dispute is the amount of the attorney fees awarded to the insureds. The insurance company claims the awarded amount is unreasonable, arguing the rates and number of hours billed by the insureds is excessive. The instant court finds the matter should be remanded to the lower court for further consideration. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: April 17, 2024, Case #: 3D23-0940, Categories: Insurance, attorney Fees, contract
J. Harrison finds the circuit court properly denied the attorney's claim for legal fees. The attorney sought fees from the estate of his deceased brother's deceased wife for long-term legal work he claims to have provided "on loose payment terms." The deceased brother lost the contract suit he brought against his wife alleging her failure to pay him for property sales. There is substantial evidence the attorney was paid. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: April 17, 2024, Case #: CV-23-212, Categories: Property, attorney Fees, contract
J. Miller finds the lower court improperly determined the amount of attorney fees to be awarded to an insurance company. USAA Insurance prevailed in litigating a personal injury protection case, and attorney fees were awarded, but the lower court found the attorneys were operating under a verbal flat rate agreement and reduced the fee judgment accordingly, and failed to award appellate fees in their entirety. The instant court finds no testimony presented that USAA worked under a flat rate agreement, and it is entitled to recover reasonable attorney fees. The matter is remanded to the lower court to determine and award reasonable fees, taxable costs and expert fees. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: April 17, 2024, Case #: 2022-2032, Categories: Insurance, attorney Fees, contract
J. Lagoa certifies an issue to the Florida Supreme Court in an appeal of the district court's decision denying the property owner's motion for attorney fees after judgment was entered in its favor in a breach of contract action arising from a property dispute with the sublessee. The district court found that a prevailing party attorney fees provision in the contract created rights and obligations only as to the original contracting parties and not as to the property owner and sublessee. A question is certified to the Florida Supreme Court as to whether a fee provision is a real covenant such that it runs with the land when an easement agreement contains a prevailing-party attorney fee provision.
Court: 11th Circuit, Judge: Lagoa, Filed On: April 15, 2024, Case #: 22-11977, Categories: attorney Fees, contract
J. Shanker reverses the trial court's contempt finding against a pro se litigant who lost her contract case against a construction company and then failed to pay the $14,000 in attorney fees, as ordered. Contempt is not an appropriate remedy for failure to pay the fees. Reversed.
Court: DC Court of Appeals, Judge: Shanker, Filed On: April 11, 2024, Case #: 21-CV-0561 , Categories: Contempt, attorney Fees, contract
J. Martinez awards the shipyard $959,100 in attorney fees and costs after it was awarded $40,000 for its negligence counterclaim against the towing service. The parties' tow agreement clearly and separately provides that the prevailing party may obtain attorney fees. However, certain "write-off" fees are reduced from the shipyard's request for $1.4 million in fees, and a further 20% reduction is appropriate "due to the disproportionality between the fee request and damages awarded at trial."
Court: USDC Western District of Washington, Judge: Martinez, Filed On: April 5, 2024, Case #: 2:20cv416, NOS: Other Contract - Contract, Categories: Negligence, attorney Fees, contract
J. Kindred denies a potential lodge buyer's motion for a new trial and grants in part the lodge owner's motion for attorney fees after the potential buyer terminated the sale contract. The jury found that the buyer breached the covenant of good faith and fair dealing and awarded one dollar to the owner, and found that the owner had made negligent misrepresentations to the buyer, and awarded one dollar to the buyer. Both parties claim to be the prevailing party. The jury's verdict was reasonable and not contrary to the weight of the evidence. The lodge owner made an offer of judgment to the buyer, which the buyer rejected. This entitles the owner to costs incurred after the offer was made. The owner is to provide separate accountings for costs and fees.
Court: USDC Alaska, Judge: Kindred, Filed On: April 3, 2024, Case #: 3:21cv123, NOS: Other Contract - Contract, Categories: attorney Fees, contract
J. Dale grants an employee's motion for attorney fees regarding allegations that his employer breached his head coach agreement by firing him as the head wrestling coach without cause. A jury found in favor of the employee. As the prevailing party, the employee is awarded $911,643 in attorney fees.
Court: USDC Idaho, Judge: Dale, Filed On: March 28, 2024, Case #: 1:20cv380, NOS: Other Contract - Contract, Categories: Employment, attorney Fees, contract
J. Nunley awards $1.6 million in attorney fees to a cinema following its successful contract action against a shopping center. The requested $2.2 million in fees is lowered based, in part, on a reduction in requested hourly rates for the attorneys and legal staff.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: March 26, 2024, Case #: 2:16cv1066, NOS: Rent Lease & Ejectment - Real Property, Categories: Landlord Tenant, attorney Fees, contract
J. Patten finds a lower court properly dismissed a law firm's contract claims against an estate administrator. The law firm argued that the estate administrator owes in money for services rendered. However, although the law firm was entitled to conventional powers for sale of the estate, it was not authorized to charge fees for time spent in administering the estate. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Patten, Filed On: March 26, 2024, Case #: CA-2023-121, Categories: attorney Fees, contract
[Consolidated.] J. Oden Johnson finds that the lower court properly awarded the marble contractor $3 million in attorney fees in a long-running construction contract dispute. The contractor succeeded on appeal in reinstating its claims against a general contractor, and limiting that contractor's verdict to a small fraction of its requested damages. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: March 22, 2024, Case #: 221319, Categories: Construction, attorney Fees, contract
J. Scales finds the trial court improperly denied the Brazilian airline's motion for attorney fees in a lawsuit from the aircraft leasing company over failed negotiations for the purchase of six Boeing 737 aircraft. The trial court was incorrect in deciding that the parties' joint settlement proposal was invalid in part because it did not properly apportion the settlement offer between the parties. Reversed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: March 20, 2024, Case #: 22-1736, Categories: attorney Fees, 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
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