The parties, Forge LLC and Pearson, executed a $75,739.91 promissory note that provided for 10 percent interest, a 5 percent late fee and reasonable
attorney's fees. The note also gave Turner, a CPA, the authority to confess judgment.
The decision overturns a 2016 Court of Appeals ruling and holds that a Buncombe County Superior Court judge didn't exceed his authority by approving
attorney's fees for a retroactive Industrial Commission award to a bartender injured on the job.
In litigation, each party is responsible for its own
attorney's fees unless this expense is shifted to the other party by contract or statute.
Determining the correct treatment of settlement and litigation award payments is a multistep process requiring the determination of the character of the payment and the nature of the claim that gave rise to it; whether the payment constitutes an item of gross income; if the payment relates to an employment claim, whether the payment is wages for employment tax purposes; and the appropriate reporting for the payment of any
attorney's fees.
We hold that when parties enter into a contract and litigation later ensues over that contract,
attorney's fees may be recovered under a prevailing-party
attorney's fee provision contained therein even though the contract is rescinded or held to be unenforceable.
To prevent their exclusion in potential litigation, the merger clause should specifically identify these documents as being components of a single transaction.<br />The merger clause is an overlooked but important tool that confirms the parties' obligations and discourages costly litigation.<br />Attorney's fee provisions<br />Clients commonly and often mistakenly believe that
attorney's fees are awarded to the prevailing party in a lawsuit.
Specially, the Minnesota federal court judge ruled that Octane is entitled to $1,633,333 in
attorney's fees and court costs of $144,697.
The term "suits at common law" in the United States Constitution has been construed to refer to common-law causes of action and "actions brought to enforce statutory rights that are analogous to common-law causes of action ordinarily decided in English law courts in the late 18th century, as opposed to those customarily heard by courts of equity or admiralty." (25) It turns out that attorneys' fees have been considered "part of costs" for a very long time: "At common law,
attorney's fees were regarded as an element of 'costs' awarded to the prevailing party." (26) And "[s]ince there is no common law right to recover attorneys fees, the Seventh Amendment does not guarantee a trial by jury to determine the amount of reasonable attorneys fees." (27)
CIRCUIT INSTRUCTS THE DISTRICT COURT TO GRANT PLAINTIFF MCKESSON $29,516 IN
ATTORNEY'S FEES. IN APPLYING THE TREATY OF AMITY BETWEEN IRAN AND UNITED STATES, THE COURT DETERMINES THAT IRANIAN LAW APPLIES TO THE ACTION
Contractual provisions for attorneys' fees generally are enforceable, "because parties are free to stipulate to a recovery of
attorney's fees and other costs in situations where they are not provided by law.
"Hindi po iyon tulong (mula kay Napoles)...Yung mga iyon ay part of my
attorney's fees (Those were not a form of assistance [from Napoles]...Those are part of my
attorney's fees)," he told Radyo Inquirer 990AM.
Additionally, the jury awarded Abdo attorney fees for each of the three properties, rather than consolidating the
attorney's fees into one sum for the entire appeal.
