Prevailing Party

Indemnity Obligation Typically Includes Attorneys’ Fees

The “American rule” in litigation is that each party must pay its own legal fees, absent a contract or statutory right to recover the same from another party. But the nature of an indemnity is one where legal fees incurred by the indemnitee shoul… Read More
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Beware Hidden Dangers of Attorneys’ Fee Provisions

First, I believe the trial court got it mostly right. But the appeals court had the last word. The case serves as a reminder that attorneys’ fee provisions at times do not always serve the greater purpose of balancing the stakes in litigation. Seco… Read More
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