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Tag: attorney’s fees

U.S. ex. rel. Cook-Reska v. Community Health Lawsuit

Block billing costs attorneys dearly

All attorneys know that tracking and billing time to their clients is an important and inevitable part of working in a law firm.  Most attorneys bill their time in six, ten, or fifteen minute increments, depending on firm policy and/or client directives.  If an attorney fails to bill his or her time to a client, then the firm cannot invoice, and, as a result, the firm does not get paid.  Accordingly, timekeeping, and even more importantly, incremented timekeeping as opposed […]

Hunt v. Schauerhamer Case

Court grants request to enforce settlement agreement in Hunt v. Schauerhamer, et al.

In a recent posting, Christensen & Jensen (“C&J”) wrote about a Utah District Court decision that recognized an attorney’s authority to enforce a finalized, yet unsigned, settlement agreement.  In another recent case regarding an accepted settlement agreement, a Utah District Court was saddled with determining whether to grant or deny Defendants’ request to enforce a settlement agreement and Defendants’ request for attorney’s fees. In Hunt v. Schauerhamer, the district court granted Defendants’ motion to enforce the settlement agreement, holding that […]

What Constitutes an Invalid Fee Agreement?

What Constitutes an Invalid Fee Agreement?

In a recent case before the Utah Supreme Court, the Court was faced with determining whether an appellant was entitled to attorney fees and whether her counsel’s fee agreement was valid.  In, Dahl v. Dahl, the Supreme Court held that the appellant was not entitled to attorney fees.  Initially, the Supreme Court denied the appellant’s request for attorney fess on the ground that the appellant was not entitled to an award of fees because she failed to demonstrate her financial […]

Arbitration Lawsuit

Arbitration agreements cause Utah District Court to dismiss case and award attorney’s fees against plaintiff in C.R. England v. Swift Transportation Company, et al.

The issue of whether to dismiss a lawsuit on a plaintiff’s Rule 41(a)(2) motion or a defendant’s Rule 12(c) motion, and whether ordering attorney fees against a plaintiff who brought a lawsuit in the face of binding arbitration agreements is appropriate, recently came before a Utah District Court.  According to the court’s opinion, the appropriate vehicle for dismissing the claims against the defendants was plaintiff’s Rule 41(a)(2) motion, and that attorney fees levied against the plaintiff were appropriate pursuant to […]