Author Wins Attorney Fees Despite Dismissal of Free Speech Action Aug 13, 2008
Northern District of New York Judge Gary L. Sharpe held that the author, Kevin Trudeau, gained "prevailing party" status in his dispute with the Consumer Protection Board based on the judge's finding in 2005 that there was a "heavy likelihood" the state intended to violate Trudeau's First Amendment guarantees ... 356 F.3d 444 (2004), have established that prevailing party status can be achieved where there is a court-ordered change in the legal relationship between the parties over the course of... (Law.com)
The Al-Jazeera Constitution Jul 30, 2008
Based on Head (the relevant precedent), the court finds that Plaintiffs are the only prevailing party in this litigation. Just in case Andrea Jones failed to grasp the meaning of the last paragraph, here is a translation that even a blogger could understand: Georgia Tech lost and is in danger of being sued again. (Townhall.com)
Vineyard owners seek legal fee break Jul 24, 2008
"Because we were the prevailing party, the law allows us to file for attorney's fees," said Bill Yeates, the neighbors' Sacramento-based attorney. Supervisors later agreed to a settlement of $80,000, $57,000 of which, they say, are the Petersons responsibility. (The Union Democrat)
Californa Court Holds That Mediation Provision "Means What It Says" Jul 21, 2008
One of those sections deals with attorney fees, providing that, in the event of any proceeding between buyer and seller, the prevailing party shall be entitled to attorney fees and costs from the non-prevailing party. The attorney fee section contains an exception, however, and that exception is spelled out in the portion of the contract referring to mediation. (RealtyTimes)
UC is Primary Prevailing Party Jul 18, 2008
Hayward, CA - At a 10 a.m. hearing today at the Alameda County Superior Court, Judge Barbara Miller advised the parties that she considered UC to tbe the primary prevailing party in the case and would use that as the basis when ruling on each side's responsibility for costs and fees incurred by the other. Neither side has yet submitted a cost accounting, so the parties agreed to handle the issue in post-judgement motions and rulings. (GoCyberBears.com)
Judge: UC Tree Decision Will Come As Soon 'As Possible' Jul 18, 2008
But Miller said Thursday that the university was "the primary prevailing party" in the case and she's considering reimbursing the university for some of its legal costs. Olson told Miller that the university believes it should be allowed to go ahead with its project because it believes it has resolved the few remaining concerns expressed by the judge. (NBC 11, CA)
Realtor keeps on 'selling' home Jul 14, 2008
Each side pays his or her lawyer, unless there is a provision in the sales contract authorizing the prevailing party to be reimbursed those fees. Q: About six months ago, we refinanced our home. (San Francisco Chronicle -- Business)
Monolithic Power Systems Prevails in Contract Dispute With Linear Technology Corp. Jul 2, 2008
MPS plans to seek recovery of substantial attorney fees and costs from Linear, pursuant to a prevailing party attorneys fees provision in the Settlement and License Agreement. The court also found as a matter of law that MPS had not willfully infringed the patent claims of U.S. Patent Numbers 5,481,178 and 6,580,258 asserted by Linear against the accused MP1543 product. (PR Newswire)
Government Loses High Court Case on Paralegal Costs Jun 11, 2008
The statute permits an eligible prevailing party to recover "fees and other expenses incurred by that party in connection with" a proceeding before an administrative agency. "Fees and other expenses" are defined in the statute, but the text is silent on paralegal fees. (Law.com)
County: Vineyard owners responsible for lawsuit costs Jun 6, 2008
"We felt vindicated, and because we were the prevailing party, the law allows us to file for attorneys fees," said Bill Yeates, the neighbors' Sacramento-based attorney. They asked for almost $168,000 in those fees. (The Union Democrat)
3rd Circuit: Final Judgment No Prerequisite for Attorney Fees Mar 25, 2008
Stapleton said that the justices have also instructed that fees may not be awarded on a "catalyst theory" and that a plaintiff does not become a "prevailing party" solely because a lawsuit causes a voluntary change in the defendant's conduct. In such a situation, Stapleton said, the change in legal relationship lacks the requisite "judicial imprimatur.". (Law.com)
Maui judge awards fees to attorney in ferry case Feb 17, 2008
"We don't think he's the prevailing party," Wynhoff said. Meanwhile, Hall's clients plan to appeal the new law that exempted the Superferry from preparing an environmental assessment prior to operation. (Honolulu Star-Bulletin)
SETTLEMENT AGREEMENT Jan 23, 2008
The Administration of Douglas Unified School District No. 27 (the School District ) and George Watkins, an administrator employed by the School District for the 2007-2008 school year, represent, covenant and agree that there is a material dispute between the parties as to what occurred during the 2006 to 2008 school years. In order to resolve this dispute in the most practical manner possible, the parties agree as follows. (Douglas Daily Dispatch, AZ)
Botanical Garden's pursuit of legal fees is merited Jan 17, 2008
It is not unusual for the prevailing party to request fees FOPP would have undoubtedly done so had it prevailed. Indeed, FOPP requested an award of litigation costs and attorney fees in its initial complaint. (Atlanta Journal-Constitution -- Opinion)
Litigation Department of the Year: Kirkland & Ellis Jan 3, 2008
Landau unearthed a Supreme Court case from 1939 in which the Court held that the prevailing party in a patent case could appeal collateral issues that might hurt it in future cases. In August, the 5th U.S. Circuit Court of Appeals agreed with Kirkland that Nationwide had the right to appeal, and that the policy language was not ambiguous. (Law.com)
LNG opponents file appeal of land use decision Jan 3, 2008
It s been the practice of the county since I ve been here to allow the prevailing party to serve as an intervener, he explained. Like Braddock, Griffith was not surprised that an appeal was filed. (Coos Bay-North Bend The World, OR)
Fresno State to appeal verdict Dec 27, 2007
Fresno State attorney Dawn Theodora said the school filed motions for a new trial, a change in venue and for judgment notwithstanding the verdict, which asks the court to overturn the verdict because the prevailing party showed insufficient evidence. Fresno County Superior Court Judge Donald Black is expected to hear the motions Jan. 18. (Fresno Bee -- Sports)
Lottery officials file motion to recover attorney fees in suit Dec 18, 2007
Linda Hamlin, spokeswoman for the Lottery, said the judge can either set a hearing date on the Lottery's motion while the appeal process moves forward, or she can wait until after the appeal process and if the Lottery is still the prevailing party, then rule on the fee recovery motion. mkamerick@bizjournals. (New Mexico Business Weekly, NM)
Linda Hamlin Dec 18, 2007
Lottery officials file motion to recover attorney fees in suit - New Mexico Business Weekly. Members: Not Registered. (New Mexico Business Weekly, NM)
Exxon Appeals Award to High Court Oct 23, 2007
Whether the United States waived its sovereign immunity such that in a state water rights adjudication, a state court having jurisdiction over the United States is authorized to award attorney fees against the United States to a prevailing party under the Equal Access to Justice Act. 07-36, Salinas v. United States (5th Circuit). (Law.com)
Suing the county doesn't pay for two who won Aug 27, 2007
Andrew Romanet, general counsel for the N.C. League of Municipalities, said giving judges the power to award legal fees to the prevailing party is a good compromise. "The public record and open meetings laws are not abundantly clear," he said, "and in the case of a personnel file, it can be dangerous to give up the record."Example in electionsLothrop's fees totaled more than $35,000 after she sued the Chatham County Board of Elections. (News & Observer)
Attorney: Need automatic fee recovery in open meeting cases Aug 27, 2007
Existing law that gives judges the power to award legal fees to the prevailing party is a good compromise, said Andrew Romanet, general counsel for the N.C. League of Municipalities. "The public record and open meetings laws are not abundantly clear," he said, "and in the case of a personnel file, it can be dangerous to give up the record.". (The Daily Reflector)
Judge throws out verdict in Microsoft patent loss to Alcatel Aug 10, 2007
Lucent's request for "supplemental damages, prejudgment and post judgment interest, and a permanent injunction is denied as moot since Lucent is no longer the prevailing party," Brewster wrote. "The reversal of the judge's own pretrial and post-trial rulings is shocking and disturbing," Alcatel-Lucent spokeswoman Mary Ward said in a phone interview. (Seattle Post Intelligencer)
Travel agency wins intellectual property suit Aug 5, 2007
"Vacation Tours will now proceed to attempt to recover their fees and costs, which they are entitled to as prevailing party under the Florida Deceptive and Unfair Trade Practices Act.". Entrepreneur Case Studies. (South Florida Business Journal, FL)
Matalin Sticking With... Jul 27, 2007
Later, the Judge decided that the County won on the merits, but awarded Wyner attorney's fees as a "prevailing party" on the prelim inj. 11th Cir. (The Drudge Report)
Both Sides In 'Sahara' Case Claim Jury Liked Them Jul 25, 2007
During a hearing on Tuesday, Shook said the decision is significant because it will determine who actually was the "prevailing party" in the lawsuit. That in turn will determine which side must pay attorney fees. (CBS 4, CO)
Putnam couple wins lawsuit over subdivision fees May 16, 2007
The source of contention between the parties is not, however, whether [state law] requires the payment of costs and reasonable attorneys fees to the prevailing party ... They found that the law succinctly states that [a] judgment or decree in any action brought under this section must include costs and reasonable attorneys fees for the prevailing party ... Despite the parties conflicting positions, we find that this provision plainly and unambiguously grants to a prevailing party his/her... (Charleston Gazette, WV -- News)
Naked Protest Leads to Full Frontal Fee Fight at Supreme Court Apr 10, 2007
But Florida, joined by 24 other state governments and the Bush administration, claims that because a preliminary injunction is not a final judgment, Wyner does not qualify as a "prevailing party" for the purposes of fee-shifting statutes, so her lawyers, James Green and Randall Marshall, should not get any money from the state ... But in Buckhannon, a 5-4 decision authored by the late Chief Justice William Rehnquist, the Court put an end to the catalyst theory, insisting instead that a judge... (Law.com)
Ground rent package receives OK Apr 7, 2007
The judge can award the prevailing party reasonable expenses and attorneys fees of $500 or less. Homeowners would be able to recover any equity remaining after the debts are repaid through a settlement or a foreclosure. (Sunspot.net -- Business)
Lottery fracas grows more complex Mar 24, 2007
The winning prize money has been tendered in trust to the court for eventual distribution to the prevailing party or parties. The 1 million will be placed in an interest-bearing account, and regardless of the time involved for the court to resolve the ownership question, the prevailing party will receive the full amount plus the interest. (Nampa Idaho Press-Tribune, ID)
$1 million lottery ticket goes to court Mar 16, 2007
The prevailing party then will receive the full amount plus the interest, Anderson said. In the meantime, the estimated jackpot for this Saturday's Powerball drawing is $183 million. (Nampa Idaho Press-Tribune, ID)
Four clash in lottery fray Mar 16, 2007
The winning prize money will be tendered in trust to the court for eventual distribution to the prevailing party or parties. The 1 million will be placed in an interest-bearing account, and regardless of the time involved for the court to resolve the ownership question, the prevailing party will receive the full amount plus the interest ... The eventual prevailing party or parties will claim 672,000 after state and federal taxes are withheld, not including any interest or tax withholding on that... (Nampa Idaho Press-Tribune, ID)
Mediation Provision is an Important Part of the Real Estate Purchase Contract Feb 28, 2007
This request was made pursuant to the CAR purchase agreement which provides that, in any action arising out of the agreement, the prevailing party shall be awarded reasonable attorney fees. The trial court agreed, and awarded fees to the Gibsons. (RealtyTimes)
Arbitrators Rule for Gemstar-TV Guide in Yuen Arbitration Jan 23, 2007
Finally, as the prevailing party in the arbitration, the Company is entitled to an additional judgment for its attorneys' fees and costs against Mr. Yuen, which will be determined by the arbitrators at a later date. The arbitrators also found in favor of the Company and ruled that the Patent Rights Agreement between the Company and Mr. Yuen remains in effect until 2010. (Yahoo! Wire -- Entertainment News)
Attorneys may get millions in education lawsuit Dec 29, 2006
Biles said if a federal judge designated Schools for Fair Funding the "prevailing party" in the federal lawsuit, the organization's attorneys could attempt to recover legal fees from the state ... U.S. District Court Judge Monti Belot is expected to decide the "prevailing party" issue in January or February, Biles said. (Topeka Capital-Journal -- News)
Tory Iraq vote 'absolutely crazy' Nov 4, 2006
He added the credibility of the party as an alternative government would be seriously damaged if it gave the impression of "cynically" shifting with the prevailing party political wind. Another senior Conservative who was absent from the crucial vote - but who declined to be named - described Mr Cameron's decision as "intellectually and morally indefensible". (BBC News -- UK)
Housing Counsel: What is Specific Performance Oct 2, 2006
In the Regional Sales Contract, paragraph 24 specifically authorizes such fees to be paid to the prevailing party. Published: October 2, 2006. (RealtyTimes)
Quest for Fees in Music Download Suit Could Level the Playing Field Sep 14, 2006
But Foster's case is different in that Judge Lee West called her the "prevailing party.". That designation makes her eligible for the fees and allowed her attorney to submit a filing for the expenses. (Law.com)
More evidence in Voter ID case Sep 3, 2006
Newman said, peed is important here because, regardless of the prevailing party in this court, there will be appeals to the Missouri Supreme Court, and there's a short time-span to allow for those appeals. Newman and Downing want Callahan to block the law, which went into effect Monday. (Jefferson City News Tribune, MO)
Housing Counsel: Need Creating Financing? Try Installment Sale Aug 28, 2006
attorneys fees to be awarded to the prevailing party should litigation be required; and. the borrower must provide you with proof that the real estate taxes and insurance have been paid on a timely basis, and must add you as a "beneficiary" on the home owners insurance policy. (RealtyTimes)
Open records: Why we are suing the city Aug 8, 2006
A prevailing party can be reimbursed for reasonable costs of bringing suit. - Source: FOI Handbook. (The Clarion-Ledger)
securities fraud case: Attorneys demand legal fees Jul 6, 2006
The defendants said they're entitled to the legal fees because they were the prevailing party in a case where the judge ruled the government acted in bad faith ... The government argued that because it is appealing the judge's ruling, there is no prevailing party ... "Until the dust settles and there is a final, nonappealing judgment, they are not considered the prevailing party," said Christopher Toepp, a certified law clerk on the prosecution team. (Las Vegas Review-Journal -- Nevada News)
A Look at Staying Money Judgments on Appeal Jun 24, 2006
The 7th Circuit ruled that the payment mooted the appeal, because unlike in the typical case, where the party who lost at trial could recover the money judgment from the prevailing party in the event of a reversal on appeal, the U.S. Constitution prevented the student from recovering the tuition payment because Indiana University is an arm of the State of Indiana for 11th Amendment purposes. This recent 7th Circuit ruling serves as a useful reminder that, even in the federal system, there are... (Law.com)
Contract would include Williston in Fayette County Fire Department Jun 23, 2006
If any legal action was filed in relation to the lease, attorney s fees would go to the prevailing party. . (Fayette County Review, TN)
Judge views audit as no help in deciding suit Jun 21, 2006
The past presidents have filed a motion asking that Brown dismiss the case, declare them the prevailing party and charge attorneys fees and the total cost of the audit to the council. Brown tentatively dismissed the case, but indicated he would deny the other requests. (Lompoc Record, CA)
WCAX.com's Terms of Service Jun 16, 2006
In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. (WCAX.com, VT)
Housing Counsel: Escrow Agent Cannot Unilaterally Release Fund Jun 12, 2006
Many escrow agreements will include a provision that the prevailing party in such litigation will be awarded such legal fees and court costs as determined by the Judge. Such a provision is designed to expedite an out of court settlement. (RealtyTimes)
EH won't have to pay Brocuglio's lawyers May 20, 2006
A federal civil-rights law allows, but doesn't require, a judge to award legal fees and costs to a "prevailing party" in a civil-rights case. Underhill declined to do so, relying primarily on a 1992 decision by the U.S. Supreme Court that discourages awards of legal fees when a plaintiff has won only nominal damages. (Journal Inquirer, CT)
Tentative suit settlement in reserve deputy killing of motorist May 3, 2006
"By virtue of the settlement, the plaintiffs would be considered the prevailing party," Perea family attorney Dale K. Galipo said. Monaghan's attorney, Eugene P. Ramirez, declined to comment. (Fresno Bee -- State)
Judge socks Lamb with big fee over frivolous’ suit May 1, 2006
Of course, it was very unusual for me to ask for enhanced prevailing party fees ... Lamb said that the maximum prevailing party fee wasn t warranted, and was made as a political statement ... Prevailing party fees are awarded in virtually every case, but normally are a very nominal amount, said Judge David Connell, who oversaw the trial. (Corvallis Gazette Times, OR)
Our Sunshine Law: Mercury News' suggested model ordinance Mar 19, 2006
(e) A court shall award costs and attorneys fees to any plaintiff who is the prevailing party in an action brought to enforce this Title. A plaintiff shall be a prevailing party if the action results in the enforcement of any right or obligation of disclosure, whether or not all of the relief sought in the action is obtained. (San Jose Mercury News)
NAFTA Tribunal Rejects Thunderbird's Claims Against Mexico Jan 28, 2006
In addition, the NAFTA Tribunal awarded Mexico with approximately $1,250,000 in costs and attorney fees as a "prevailing party". Albert W. Atallah stated "it did so in spite of the dissenting arbitrator's assertion that such an award would be unprecedented.". (Yahoo! Wire -- Entertainment News)
