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Can My Company Recover Its Attorneys’ Fees And Costs In A Lawsuit In New York State Court?

A corporate or individual litigant is usually responsible for the payment of its own attorneys' fees and costs in a lawsuit in the New York state courts. New York follows the so-called "American Rule" that a litigant is "not . . . allow[ed] . . . to recover damages for the amounts...

Williams Mullen Corporate Law Alert - North Carolina

by David F. Paulson, Jr. & Miles S. Bruder* Enforcing commercial contracts will likely become a less-costly proposition in North Carolina this fall, thanks to a new exception to the state's general ban on attorneys' fee awards to a prevailing party in litigation. Session Law 2011-341...

Attorneys' Fees Must Be Reasonable, Despite What Contract Says

Many contracts provide that in the event of litigation arising out of a breach, the prevailing party will be entitled to recover "reasonable" attorneys' fees from the losing party. Some attorneys, however, hoping to obviate the need for a mini-trial regarding the reasonableness of...

Are Plaintiffs Fleeing Delaware?

David Marcus writing for The Deal , adds to the growing commentary suggesting that plaintiffs' lawyers who file class actions, especially those challenging mergers, will be inclined to increasingly avoid Delaware Courts if the Court continues to impose more stringent prerequisites for awarding...

Overly Persistent Plaintiff Socked With Attorneys' Fees By Business Court

Persistence can be a valuable quality, but when it leads to an unjustified refusal to give up a questionable case, the party suffering from persistency can get socked with attorneys' fees. That was the result in Judge Gale's Order on Tuesday in McKinnon v. CV Industries, Inc. McKinnon was...

Court Rules on Exit of Hedge Fund Partner

Seibold v. Camulos Partners LP , C.A. No. 5176-CS (Del. Ch. Sept. 17, 2012). Issue Address : Did hedge fund breach the limited partnership agreement by not distributing to the departing partner his capital investment? Short Answer : Yes. In addition, the Court addressed many related claims and...

Not An Oscar Winner: A Case About Indemnification

It's hard for me to think of a case I'd rather not write about than GR&S Atlantic Beach, LLC v. Hull , 2012 NCBC 52 [ enhanced version available to Lexis.com subscribers ]. It's not just that it's deathly boring or that it involves the interpretation of poorly written transaction...