LexisNexis® Legal Newsroom
Opting for Statutory Damages in a Counterfeiting Case May Prevent Your Client From Receiving Attorneys' Fees

After successful prosecution of a counterfeiting case, a plaintiff may choose between trebled actual damages and statutory damages. The Ninth Circuit has interpreted the Lanham Act damages provision (15 U.S.C. § 1117) to preclude an award of attorneys' fees under Section 1117(b) when the plaintiff...

Apple Sues Motorola Over Smart Phone Patent

NEW YORK - (AP) Apple is suing Motorola for infringing on patents related to its smart phones. Apple Inc. said in a filing on Friday that Motorola's Droid, Cliq, BackFlip and other phones violate its patents related to the iPhone's touch screen and user interface. Full version available to lexis...

15-Second Advertising Law Alert: 7th Circuit Cuts Through Lanham Act Attorneys' Fees "Jungle"

Bad cases may make bad law, but they also can result in the prevailing party being awarded attorneys' fees under the Lanham Act's "exceptional cases" provision - whatever that means these days. The Seventh Circuit Court of Appeals now "offers a pathway through the semantic jungle"...

Real Cases in Real Estate by Andrea Lee Negroni, Esq. – February 14th Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee...

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...

Can Companies Recover Attorneys' Fees, Costs In 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...

More Than $660,000 In Attorney Fees Awarded By Delaware Chancery Court In 'Momentous' Decision

Auriga Capital Corp. v. Gatz Properties, LLC , is an iconic opinion from the Delaware Court of Chancery that was issued on Jan. 27, 2012 and highlighted on these pages here. This decision is momentous because it explains why fiduciary duties will apply by default to managers and controlling members of...

Delaware Chancery Court Addresses Attorney Fees After Stipulated Dismissal Of Derivative Action

Freedman v. Adams, C.A. No. 4199-VCN (Del. Ch. March 30, 2012). Issue Addressed The Court of Chancery addressed the standard for awarding attorneys' fees when there has been a stipulated dismissal of a derivative action which was largely mooted by measures taken by the defendant board of directors...

Raising the Stakes in Farm Nuisance Cases

By Todd J. Janzen, Partner, Plews Shadley Racher & Braun LLP Indiana farms that are the victims of "nuisance" suits by neighbors who don't like the smell, sounds, or sights associated with farming are generally protected by Indiana's Right to Farm Act. The Right to Farm Act bars...

New Opinion Makes Sense of "Identifiable, Tangible and Material Benefit" Language From Pro-Snax

In Matter of Pro-Snax Distributors, Inc. , 157 F.3d 414 (5 th Cir. 1998), a panel of the Fifth Circuit made the uncontroversial ruling that a chapter 11 debtor's attorney could not recover attorney's fees from the bankruptcy estate after appointment of a trustee. However, the court went one...

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...

North Carolina Business Court Socks Overly Persistent Plaintiff With Attorneys' Fees

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 [June 12] in McKinnon v. CV Industries, Inc. , No. 09 CVS 830...

Chancery Awards $3.2 million in Attorneys' Fees in Contract Dispute

ASB Allegiance Real Estate Fund v. Scion Breckenridge Managing Member LLC , C.A. No. 5843-VCL (Del. Ch. July 9, 2012). In this opinion the Court of Chancery awarded attorneys' fees, based on a fee-shifting provision of the LLC agreement, of more than $3.2 million. The recent Chancery decision on...

Troutman Sanders LLP: Court Awards Attorneys' Fees for Willful Trademark Infringement

By Dabney Carr After a bench trial, Judge Gibney of the Eastern District of Virginia found in favor of Lorillard Tobacco on its claims of trademark infringement, unfair competition and trademark dilution and awarded attorneys' fees to Lorillard based on an exceptional case finding under 15...

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...

Laffey Matrix, Grissom Table Considered In Lowering Attorneys' Fees

The Laffey Matrix is used as a guideline for reasonable attorney fees in the Washington-Baltimore area. An updated version is available that adjusts the rates for the high cost of living. Virginia courts are not bound by the Laffey Matrix, but the Fourth Circuit has indicated that the Laffey matrix is...

Court Provides Practical Advice on Advancement Claims

Feeley v. NHAOCG, LLC , is a pending Chancery case involving issues that relate to a contest for control, and which has thus far generated two opinions, highlighted on these pages here and here . A transcript of an oral argument in this case has recently been made available, regarding a claim in the...