That statute provides a list of factors for a "court" to consider in determining a "reasonable and necessary" attorneys' fee
under the Texas Workmen's Compensation Act.
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
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.
Robinson (1984), which held that attorneys' fees
were not available to parents prevailing in special education lawsuits, was widely viewed as undercutting the opportunities of parents to dispute school decisions concerning handicapped children.
In Florida, the prevailing party in a civil action is not entitled to an award of attorneys' fees
unless the claim is predicated upon a contract or statute that authorizes the recovery of such attorneys' fees
Paragraph 19 of the REBNY form office lease refers to landlord's right to recover attorneys' fees
The bills address recent Supreme Court rulings that held unconstitutional parts of the workers' compensation law setting limits on claimants' attorneys' fees
and limiting payments to two years for totally and partially disabled workers who were expected to eventually recover.
600(c)(1)--that is, the relationship between final attorneys' fees
and temporary attorneys' fees
Putting aside that hindsight can sometimes produce an inaccurate assessment of the facts, the "American rule" on the award of attorneys' fees
is that each side pays their own.
In affirming the district court's award of attorneys' fees
, the Federal Circuit agreed with the district court that the patent holder's failure to "produce admissible evidence of infringement" rendered the case exceptional, historically a very high bar for prevailing defendants to meet.
Both parties resolved all issues under a consent decree, with the exception of plaintiffs attorneys' fees
If attorneys' fees
do represent income to the plaintiffs, then deducting them may not be easy.