Bill Wilson | Robinson+Cole A common question from clients, when a dispute arises on a construction project, is whether they can recover their attorney’s fees from the other side if they pursue a case and win. More often than not, such fees are not recoverable. As a general rule (commonly known as the “American Rule”),… Continue reading Attorneys’ Fees and the American Arbitration Association Rule
Category: Construction Law
Defendant’s Request for Attorney’s Fees Within Its Summary Judgment Motion is Insufficient to Place Plaintiff on Notice That Defendants Are Claiming Attorney’s Fees
Carolin Pacheco | Marshall Dennehey Barnhardt Construction, LLC v. Steven C. Hildreth, et al., 31 Fla. L. Weekly Supp. 600a (Fla. 5th Cir. Ct. 2024) On February 6, 2024, the Fifth Circuit Court in Hernando County, Florida, rendered a decision regarding a prevailing defendant’s request for attorney’s fees within a motion for summary judgment. The… Continue reading Defendant’s Request for Attorney’s Fees Within Its Summary Judgment Motion is Insufficient to Place Plaintiff on Notice That Defendants Are Claiming Attorney’s Fees
Should Paralegals Participate in Depositions?
Esquire Deposition Solutions The Ohio Board of Professional Conduct recently considered an interesting issue related to deposition practice: whether or not nonlawyers such as paralegals can ethically participate in pretrial depositions. The board decided in Taking of a Deposition by a Paralegal or Out-of-State Lawyer (Ohio Board of Professional Conduct, No. 2022-13) that they may not … under… Continue reading Should Paralegals Participate in Depositions?
How Many Depositions Are Enough?
Esquire Deposition Solutions Ten is the presumptive upper limit on the number of depositions that each party may take in civil litigation in the federal courts. This number, provided by Rule 30(a)(2) of the Federal Rules of Civil Procedure, can be increased (or decreased) by stipulation, by court order, and by local court rule. In fact,… Continue reading How Many Depositions Are Enough?
Navigating Legal Minefields: Pitfalls to Avoid When Seeking Summary Judgment
Holly Olarczuk-Smith, Esq. | Burns White In the realm of civil litigation, summary judgment motions are powerful tools that can significantly shape the outcome of a case. However, navigating the complexities of summary judgment requires careful attention to detail and adherence to procedural rules and court scheduling orders. Failure to comply with these rules and… Continue reading Navigating Legal Minefields: Pitfalls to Avoid When Seeking Summary Judgment