Agreement to Pay Legal Fees and Costs not an Agreement to Advance Costs

Agreement to Pay Legal Fees and Costs not an Agreement to Advance Costs

On September 15, 2022, Justice Chan of the New York County Commercial Division issued a decision in Ja Kao v. Onyx Renewable Partners L.P., 2022 NY Slip Op. 33117(U), holding that an agreement to pay a party’s legal fees and costs was not an agreement to advance those fees and costs because there was no language showing an intention to advance rather than just indemnify . . . Continue reading Agreement to Pay Legal Fees and Costs not an Agreement to Advance Costs

Court Awards Attorneys’ Fees for One Claim Based on a Percentage of Time Spent on all Claims

Court Awards Attorneys’ Fees for One Claim Based on a Percentage of Time Spent on all Claims

On July 18, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Kolchins v Evolution Mkts. Inc., 2022 NY Slip Op. 32379(U), awarding attorneys’ fees for one claim based on a percentage of the time spent on all claims despite the absence of a lodestar calculation based on the actual number of hours worked on that one claim . . . Continue reading Court Awards Attorneys’ Fees for One Claim Based on a Percentage of Time Spent on all Claims

Despite Prevailing on Some Issues, Plaintiffs Were Not Prevailing Party for Purposes of Award of Fees

Despite Prevailing on Some Issues, Plaintiffs Were Not Prevailing Party for Purposes of Award of Fees

On August 25, 2021, the Second Department issued a decision in Kefalas v. Valiotis, 2021 NY Slip Op. 04750, holding that plaintiffs were not prevailing parties for purposes of an award of fees notwithstanding that they prevailed on some issues . . . Continue reading Despite Prevailing on Some Issues, Plaintiffs Were Not Prevailing Party for Purposes of Award of Fees