cases in which a party can recover attorney fees

Can the prevailing party recover attorney’s fees?

The American Rule states that, unless specifically allowed, attorney fees are not recoverable. 1. It is, therefore, necessary for an attorney seeking fees in a family law case to identify specifically the basis for the award of fees. 2. In Oklahoma, there are seventeen separate statutes that authorize a court to award attorney fees in particular circums. 3

Are court fees for fees recoverable?

As a backdrop to Travelers Casualty and Surety Company of America, v. Pacific Gas and Electric Company, 549 U.S. (2007), in California, a prevailing party may be awarded its reasonable attorney’s fees and costs pursuant to a contract, which allows for such award (see Civil Code §1717). Additionally, assuming the appropriate attorney’s fees clause in a contract, a secured …

Can a defendant seek Attorney’s fees in a Title VII case?

May 19, 2016 · Opinion analysis: Title VII defendants can recover attorney’s fees without prevailing “on the merits”. In suits involving Title VII of the Civil Rights Act of 1964, “the court, in its discretion, may allow the prevailing party … a reasonable attorney’s fee.”. A defendant seeking attorney’s fees in a Title VII case must show that (1) it is a prevailing party and (2) the plaintiff’s …

Can a creditor recover attorney’s fees authorized by a pre-petition contract?

Apr 04, 2013 · Waverly is an important development in Florida attorneys’ fee jurisprudence, both to attorneys litigating attorneys’ fee claims and to attorneys who draft contracts with prevailing party fee provisions, because contractual language, if sufficiently broad or if it explicitly addresses litigation over amount, may properly be construed to authorize the recovery of “fees …

Can legal costs be recovered as damages?

A claimant who has to incur legal costs against a third party as a result of a wrong committed by the defendant can recover those costs as damages from the defendant, but only to the extent that they are recoverable on a standard basis assessment.

Can litigants under the TILA recover their attorney fees?

California Civil Code Section 1717 allows for the collection of attorney's fees if there is a clause in a contract specifying such a provision. The provision, however, cannot be “one-sided,” meaning both the plaintiff and defendant should be able to recover attorney's fees if they win.Oct 20, 2021

When can you recover attorney fees in California?

The attorneys' fees law in California generally provides that unless the fees are provided for by statute or by contract they are not recoverable. In other words, unless a law or contract says otherwise the winning and losing party to lawsuit must pay their own attorneys fees.Jan 27, 2022

Can defendant recover attorneys fees Texas?

Under Texas law, a contract may provide that the prevailing party, whether the plaintiff or defendant, will recover its attorneys' fees against the other party, or that the statutory right for a prevailing plaintiff to recover its fees under section 38.001 is waived leaving no party able to recover its fees.Jul 26, 2021

Can pro se recover attorney fees Virginia?

The Virginia Supreme Court recognized that “Virginia follows the American rule on attorney's fees, under which '[g]enerally, absent a specific contractual or statutory provision to the contrary, attorney's fees are not recoverable by a prevailing litigant from the losing litigant.Apr 13, 2021

Can pro se recover attorney fees California?

No committee reports state that a pro se defendant who is a lawyer may recover attorney fees. applies only to contracts specifically providing that attorney fees 'which are incurred to enforce that contract' shall be awarded to one of the parties or to the prevailing party.

When can you file a motion for attorney fees in California?

A notice of motion to claim attorney's fees for services up to and including the rendition of judgment in the trial court-including attorney's fees on an appeal before the rendition of judgment in the trial court-must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an ...

Are attorneys fees damages in California?

The holding of the trial court that the complaint fails to state a cause of action is in accordance with the settled rule that fees paid to attorneys are not recoverable as damages or otherwise in the absence of express statutory or contractual authority. The judgment is affirmed.

What is test for malicious prosecution action in California?

that the defendant acted primarily for a purpose other than succeeding on the merits of the claim; that the plaintiff was harmed by the underlying case; and. that the defendant's conduct was a substantial factor in causing the plaintiff's harm.

Can an LLC recover attorneys fees in Texas?

Texas law follows the “American Rule,” which provides that a plaintiff may only recover attorney's fees if authorized by the contract or by statute. ... This left parties with successful claims unable to recover attorney's fees from business entities such as limited liability companies and partnerships.Sep 21, 2021

Can you recover attorney fees for breach of fiduciary duty Texas?

Am I entitled to recover attorneys' fees for filing my Breach of Fiduciary Duty Claim? The short answer is: No, you are usually not entitled to recover your attorneys' fees in a Breach of Fiduciary Duty case.

How do I prove attorney fees in Texas?

When seeking attorney's fees, the general rule is that a claimant must provide evidence of the number of reasonable hours worked multiplied by a reasonable hourly rate. This is known as the lodestar method and requires a claimant to provide sufficient evidence for both rate and hours.Mar 19, 2020