R. Thomas Dunn and Sheya Rivard | Pierce Atwood Deciding whether to include a prevailing party attorneys’ fee provision in a contract is important, as doing so has significant risk and cost implications of litigation. Prevailing party provisions foster dispute avoidance and settlement, requiring parties to engage in a risk analysis that could result in… Continue reading There’s No Tying In Litigation – Factors To Determine The Winner For Fee Shifting Provisions
Tag: Attorney Fees
Insurers May be on-the-hook for Pre-Suit Attorney’s Fees, but Can Avoid Them by Considering Pre-Suit Settlement
Vincent Fernandez, Jamal McBroom, Michael Montgomery and Samantha Wuschke | Butler Weihmuller Katz Craig Tendering policy limits to an insured in response to a Notice of Intent to Litigate, under section 627.70152, Florida Statutes (2021), precludes insureds from recovering pre-suit attorney’s fees from their property insurers in a subsequently filed litigation for the same claim.… Continue reading Insurers May be on-the-hook for Pre-Suit Attorney’s Fees, but Can Avoid Them by Considering Pre-Suit Settlement
The American Rule Stands: Court Rejects Fee-Shifting Under Indemnity Clause
John Mark Goodman | BuildSmart The “American Rule” on attorneys’ fees is that each party pays its own lawyers, even if you win. As with almost any rule, there are exceptions. Sometimes there is a statute that requires the losing party to pay the prevailing party’s fees. For example, many states have enacted Prompt Pay laws… Continue reading The American Rule Stands: Court Rejects Fee-Shifting Under Indemnity Clause
The Seventh Circuit Clarifies The Role Rejection Of Settlement Offers Plays In Determining Attorney Fee Awards
Lucas Kowalczyk | Proskauer Rose The Seventh Circuit recently clarified an important distinction between offers of judgment under Federal Rule of Civil Procedure 68 and non-Rule 68 offers of settlement, and explained the role rejection of such offers plays in reducing statutory attorney fee awards. Rule 68 was created to encourage settlements. It limits the… Continue reading The Seventh Circuit Clarifies The Role Rejection Of Settlement Offers Plays In Determining Attorney Fee Awards
Florida Contractor Group Already Files Suit Challenging New AOB Fee Restrictions
William Rabb | Insurance Journal A group of contractors wasted little time in challenging the constitutionality of a law approved at the Florida Legislature’s special session last week, one the restoration companies argue singles them out and deprives them of attorney fees in assignment-of-benefits claims. “The inability to recover prevailing party attorneys’ fees will effectively… Continue reading Florida Contractor Group Already Files Suit Challenging New AOB Fee Restrictions