Attorneys' Fees

  • APPELLATE ATTORNEY’S FEES AND THE SIGNIFICANT ISSUES TEST

    … be deemed the prevailing party under Florida Statute s. 713.29 (statute that authorizes prevailing party attorney’s fees under Florida’s Construction Lien Law). The appellate court held that neither party was the prevailing party under the significant issues test: “[W]e conclude that each party lost on their appeal, while each party successfully defended…

    Florida Construction Legal Updates- 15 readers -
  • NEW EBOOK: INNOVATIVE ATTORNEY’S FEE ARRANGEMENTS

    …. This new ebook discusses Innovative Attorney’s Fee Arrangements. It can be obtained from Amazon, iTunes, or Nook. Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1. This entry was posted in Uncategorized and tagged attorney's fee arrangements, attorneys' fees, construction disputes by David Adelstein. Bookmark the permalink.…

    Florida Construction Legal Updates- 11 readers -
  • QUICK NOTE: ATTORNEY’S FEES AND THE SIGNIFICANT ISSUES TEST

    … challenging.) But, to be entitled to attorney’s fees, a party has to be deemed the prevailing party. There is the sentiment that as long as you recover a positive net judgment (even if it is for $100 when your claim was for $50,000) then you will be able to recover your attorney’s fees which will likely exceed that amount that was ever in dispute…

    Florida Construction Legal Updates- 12 readers -
  • CGL INSURER LIABLE FOR ATTORNEY’S FEES JUDGMENT AGAINST INSURED

    … decision, Mid-Continent Casualty Co. v. Treace, 41 Fla. L. Weekly D60c (Fla. 5th DCA 2015), an owner obtained a judgment against its contractor in a construction defect case. The court then entered a judgment for attorney’s fees and costs in favor of the owner. The owner then initiated a proceeding against the contractor’s CGL insurer to recover…

    Florida Construction Legal Updates- 9 readers -
  • Alice Bounces eDekka Patent In East Texas

    … The judges of the Eastern District of Texas have not been the most welcoming in the country to the early application of Alice v. CLS Bank—the Supreme Court opinion that lays out the two–step test for determining whether a patent should be voided because it claims abstract ideas, not inventions—in patent litigation. But the winds of change may…

    David Swetnam Burland/ Brann & Isaacson- 13 readers -
  • Niro and Spangenberg Leaving the Patent Troll Field?

    … his post as CEO of IPNav. In addition to Octane Fitness, Spangenberg credits the costs associated with Patent Office reexamination proceedings for changing the litigation calculus for patent trolls. Perhaps Supreme Court patent jurisprudence and congressional patent reform are working as intended after all. That said, the recent flood of patent…

    David Swetnam Burland/ Brann & Isaacson- 18 readers -
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