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In litigation, each party is responsible for its own attorney's fees unless this expense is shifted to the other party by contract or statute.
The term "suits at common law" in the United States Constitution has been construed to refer to common-law causes of action and "actions brought to enforce statutory rights that are analogous to common-law causes of action ordinarily decided in English law courts in the late 18th century, as opposed to those customarily heard by courts of equity or admiralty." (25) It turns out that attorneys' fees have been considered "part of costs" for a very long time: "At common law, attorney's fees were regarded as an element of 'costs' awarded to the prevailing party." (26) And "[s]ince there is no common law right to recover attorneys fees, the Seventh Amendment does not guarantee a trial by jury to determine the amount of reasonable attorneys fees." (27)
CIRCUIT INSTRUCTS THE DISTRICT COURT TO GRANT PLAINTIFF MCKESSON $29,516 IN ATTORNEY'S FEES. IN APPLYING THE TREATY OF AMITY BETWEEN IRAN AND UNITED STATES, THE COURT DETERMINES THAT IRANIAN LAW APPLIES TO THE ACTION
(266) The enforcement provision of ERISA provides that "the court in its discretion may allow a reasonable attorney's fee and costs of action to either party." (267) Generally speaking, the civil enforcement section has been construed narrowly with implied claims or remedies under this section being declined.
Under Erisa, the most a disabled claimant can hope to obtain is past-due benefits and possibly, at the court's discretion, attorney's fees. A recent ruling from the U.S.
attorney's fee as part of the costs," (130) which is a right
"To get from the agreed principal amount of $75,739.91 to the confessed judgment amount of $117,500.00, attorney's fees and interest would necessarily be included in the confessed judgment.
The Court of Appeals had found that Superior Court Judge Alan Thornburg improperly awarded additional attorney's fees to the attorneys who represented Keith Saunders, who suffered "debilitating injuries" to his back while on the job in 2010, before the commission on his worker's comp claim.
Each plaintiff would include only the portion of the attorney's fees allocable to that plaintiff in his tax return.
Octane had requested $2,486,578.50 in attorney's fees and $362,582.95 in expenses.
Contractual provisions for attorneys' fees generally are enforceable, "because parties are free to stipulate to a recovery of attorney's fees and other costs in situations where they are not provided by law.
"Hindi po iyon tulong (mula kay Napoles)...Yung mga iyon ay part of my attorney's fees (Those were not a form of assistance [from Napoles]...Those are part of my attorney's fees)," he told Radyo Inquirer 990AM.
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