When granting an award of costs and attorney's fees, the court shall specifically set forth the reasons for such award and shall, in determining whether to assess attorney's fees and costs and the amount to be assessed against offending attorneys and parties, consider the following factors, including, but not limited to: (1) The extent to which any effort was made to determine the validity of any action or claim before the action was asserted; (2) the extent of any effort made after the commencement of an action to reduce the number of claims or defenses being asserted or to dismiss claims or defenses that have been found not to be valid; (3) the availability of facts to assist the party to determine the validity of a claim or defense; (4) the relative financial position of the parties involved; (5) whether or not the action was prosecuted or defended in whole or in part in bad faith; (6) whether or not issues of fact, determinative of the validity of a party's claim or defense, were reasonably in conflict; (7) the extent to which the party prevailed with respect to the amount of and number of claims in controversy; (8) the amount or conditions of any offer of judgment or settlement in relation to the amount or conditions of the ultimate relief granted by the court; (9) the extent to which a reasonable effort was made to determine prior to the time of filing of a claim that all parties sued or joined were proper parties owing a legally defined duty to the plaintiff or defendant; and (10) the extent of any effort made after the commencement of an action to reduce the number of parties in the action.
Full Answer
When granting an award of costs and attorney's fees, the court shall specifically set forth the reasons for such award and shall, in determining whether to assess attorney's fees and costs and the amount to be assessed against offending attorneys and parties, consider the following factors, including, but not limited to: (1) The extent to which any effort was made to determine …
Fees. § 3-501.5. Fees. (a) A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining the reasonableness of a fee include the following:
Nebraska Supreme Court holds that if a motion for attorney fees is filed before a judgment is entered, the judgment is not final and appealable until the court rules on the motion.39 Because attorney fees are considered costs,40 the same rule should apply to a motion to tax costs. This raises a host of practical problems.
[3-5] Attorney fees and expenses may be recovered only where provided for by statute or when a recognized and accepted uniform course of procedure has been to allow recovery of attorney fees.10 Customarily, attorney fees are awarded only to prevailing parties or assessed against those who file frivolous suits.11 A uniform course of procedure exists in Nebraska for the …
(c) A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law. A contingent fee agreement shall be in a writing signed by the client and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal; litigation and other expenses to be deducted from the recovery; and whether such expenses are to be deducted before or after the contingent fee is calculated. The agreement must clearly notify the client of any expenses for which the client will be liable whether or not the client is the prevailing party. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.
(1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof; or
As a general rule, non-compete agreements will be upheld so long as they meet three requirements: The restriction must be reasonable in the sense that it is not injurious to the public. That is to say, the agreement cannot deprive the public of valuable goods and services;
The geographic area covered by a non-compete covenant must be no greater than the area in which the employee worked for the employer. In other words, if the employee’s territory was Nebraska, Iowa, and South Dakota, you may not restrict them from competing “anywhere in the U.S.” or in Kansas, Missouri, Colorado, etc.
The protection of confidential information lasts only so long as its useful life. In one case, a 4-5 year restriction in a deferred compensation plan was found to be too long because the employer failed to establish that the useful life of confidential information lasted longer than the 3-year business plan.
the good faith of the employer; the existence of sources or general knowledge as to identity of customers; the nature and extent of the business position held by the employee; the employee’s training, health, education and family needs; the current employment conditions in the marketplace;