An easy to parrot, hard to apply attorney fee maxim involves the “prevailing party” standard. To get attorneys fees awarded under a statutory or contractual fee-shifting provision, you must “prevail” or win the case. So what happens when your win is a proverbial Pyrrhic one? That is, you win the lawsuit but get only a fraction of the money …
Tag Archives: Federal court
How to Enforce Settlement Agreements In Federal Court
I once represented a plaintiff in a Federal question case (based on the Computer Fraud and Abuse Act) that settled with the defendant making installment payments over time. In the settlement agreement, I took great pains to emphasize that if the defendant missed a payment, I could immediately move to reinstate the case and accelerate the settlement amount plus fees …
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