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Category Archives: Attorneys Fees and Costs

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No Setoff for FDIC Contract Repudiation Damages Under Placida v. FDIC

Posted in Attorneys Fees and Costs, FDIC & Bank Failures, Florida, States, Uncategorized

When a bank fails and the FDIC repudiates a construction loan—ending further “draws” or disbursements—the borrowers can’t setoff damages they suffer because of repudiation to reduce the amount of debt they owe under the loan. That’s what a panel of judges from the US Court of Appeals for the 11th Circuit decided in Placida v…. Continue Reading

Vacating Arbitration Awards: Reasons In The Federal Arbitration Act Are The Only Way For Now – Part 1

Posted in Alternative Dispute Resolution, Arbitration, Attorneys Fees and Costs

5th Circuit re-affirms that the reasons for vacating an arbitration award in Section 10 of the Federal Arbitration Act are the only reasons for vacating arbitration awards. Leaves one to ponder what will be the future of “manifest disregard for the law” as a reason to vacate arbitration awards.

Civil Litigation Cost Reform: Interim Study Published In Great Britain

Posted in Attorneys Fees and Costs, Bills and Proposed Legislation, Countries (Other Than USA), Great Britain

Most British readers already know that Lord Justice Jackson and his panel of assessors issued an interim report earlier this month in their Review of Civil Litigation Costs.  The interim report raises a lot of issues that should interest readers outside Great Britain too, especially in other countries with common judicial systems (e.g., the United… Continue Reading

Attorneys Fee and Cost Provisions In Construction Contracts: Part 2 – How Much Does The Prevailing Party Get?

Posted in Attorneys Fees and Costs

In the last post we talked about how a judge decides who’s the “prevailing party” that’s entitled gets their attorneys fees and costs under the attorneys fee and cost provision in a contract (an “F&C provision”).  Today we pick-up on the next issue – if you are the prevailing party, how much of your fees and… Continue Reading

Attorneys Fee and Cost Provisions In Construction Contracts: Part 1 – Who Is The Prevailing Party?

Posted in Attorneys Fees and Costs

Construction contracts and architects agreement often include attorney fee and cost provisions. These are those sections saying that if there is a dispute, the losing side must pay for the winning side’s attorneys fees and costs. Sounds pretty simple. But it isn’t. There’s a lot of before getting the other side to pay for your… Continue Reading