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Defendant Can Utilize Motion for an Undertaking to Enforce Award of Costs ( November 2002 )
The following scenario is all too common. An out-of-state plaintiff sues a defendant in a California state court proceeding. After incurring significant attorney fees and costs, the defendant defeats the plaintiff's claims, either through a pretrial motion or at trial. The defendant then seeks to recover costs of suit as the prevailing party, which may include an award of attorney fees under a contractual "prevailing party" clause. Although the court awards attorney fees and costs, the defendant has difficulty enforcing the award because the plaintiff's assets are located outside of California. -
How to Get Your Attorneys' Fees Reimbursed… ( July 2000 )
If you've ever been in litigation, you know that justice is not cheap. The most basic lawsuit can cost thousands . -
Time for a Contract Tune-up ( February 2000 )
The years have passed and the grey hairs mount. You've been in business too many years to count and you've always . -
Attorney's Fee Provision Limited By New Jersey Court ( November 1999 )
In a recent case of first impression, the Appellate Division of the New Jersey Superior Court has interpr. -
Collection Tips ( August 1999 )
In these tough economic times, nearly every business faces collection problems. -
Buyers' Failure to Prove Diminution in Value of Property Permits Sellers and Realtors to Recover Attorneys Fees ( June 1999 )
On August 28, 1996, the California Court of Appeal for the Third Appellate District <I>(covering the greater Sacramento metropolitan area)</I> handed down its opinion in Childers v. Edwards, which is a significant decision concerning residential real estate litigation. -
Language Construction ( August 1998 )
GATX Capital Corporation v. Fleet Capital Corporation, 1998 WL 410887 (N. D. Cal. 7/17/98). LANGUAGE CONSTRUCTION.. -
Frivolous Litigation in Pennsylvania: Recovery of Counsel Fees ( May 1997 )
INTRODUCTION In Pennsylvania, a successful party is not entitled to be reimbursed for its counsel fees by the . -
Hard Bargains ( December 1996 )
Where a dispute to be mediated pertains to an ongoing relationship (e.g., a disagreement over parental visitation . -
Verdicts & Settlements ( December 1996 )
Where a dispute to be mediated pertains to an ongoing relationship (e.g., a disagreement over parental v.
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