Savvy practitioners, however, will likely revisit their contracts to examine the breadth of their contractual attorneys' fee
provisions to ensure they fall in line with this gradual shift in fee-for-fee litigation.
Courts have differed over the issue of when a party must plead or otherwise move to recover its attorneys' fees
pursuant to a prevailing party attorneys' fee
(1) In an effort to enable greater public access to government documents, Congress amended FOIA in 1974 to include a provision awarding attorneys' fees
to any individual who substantially prevails in an action requesting agency information.
Fondly referred to by the plaintiffs bar as the "pot of gold at the end of the rainbow," the attorneys' fee
provision entitled many attorneys in the past to an amount over and above the recovery record.
In Ferman, the SJC took this "logical next step," and held that "a plaintiff prevails for purposes of an award of attorneys' fees
under the Wage Act when his or her suit [is] a necessary and important factor in causing the defendant to provide a material portion of the relief demanded in the plaintiff's complaint."
At the time, Vogel also denied the parents' request for attorneys' fees
as the prevailing parties in the lawsuit, setting the stage for their instant motion to "modify or suspend" that portion of the ruling.
Faison agreed that if the notes were placed with an attorney for collection, he would pay all costs of collection including reasonable attorneys' fees
Saunders sought review of the commission's decision regarding attorneys' fees
in superior court, as allowed by the state's workers' comp statute, and Thornburg ruled in their favor.
When a FINRA arbitration panel awarded her $675,000 for wrongful termination and another $123,000 in attorneys' fees
, Ameriprise sought to vacate in federal District Court.
An Arkansas statute says that if an insured must resort to litigation against an insurance carrier and then recovers at least 80 percent of the amount sought, then the insurer must pay a 12 percent penalty and attorneys' fees
, said Todd Lewis of the law firm Conner & Winters LLP of Fayetteville, which represented Simmons.
However, the Senate Appropriations and Rules committees passed a much different bill that capped claimant attorneys' fees
at $250 an hour and lacked many other provisions of the House legislation.
had drafted legislation preferred by the insurance industry, SB 1038, which would end the practice of allowing third-party contractors to collect attorneys' fees