Lackey v. Stinnie, 2025 U.S. LEXIS 866 (U.S. Supreme Court, February 25, 2025) (Roberts, J.) Drivers whose licenses were suspended under a Virginia statute for failure to pay court fines sued the Commissioner of the Virginia Department of Motor Vehicles under 42 U. S. C. §1983, challenging the statute as unconstitutional. The District Court granted […]
Tag: Attorney’s Fees
ATTORNEYS FEES-CIVIL RIGHTS-AFFIDAVIT-CLIFF RIEDERS
Holmes v. Am. Homepatient, Inc., 2025 U.S. Dist. LEXIS 14627 (Pa. Middle District Ct., January 28, 2025) (Brann, J.) In this case where Plaintiff lawyers achieve a significant result and became a prevailing party, in a civil rights case, the judge considered my affidavit in favor of the Plaintiffs. Plaintiffs sought to recover their attorneys’ […]
ATTORNEYS FEES-PETITION-RULES OF ETHICS
Office of Disp. Counsel v. Anonymous Atty. 2024 Pa. LEXIS 1834 (Pa. Super., October 24, 2024)(Donohoe) We begin with the first sentence of Rule 1.5(a): “[a] lawyer shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee.” Pa.R.P.C. 1.5(a). When interpreting statutory language, we do so “not in isolation, […]
ATTORNEY’S FEES-CONTRACTS-COVENANT NOT TO COMPETE
– Vinculum, Inc. v. Goli Techs., LLC, 2024 Pa. LEXIS 238, 2024 WL 697165 (February 21, 2024) (Brobson, J.). In this discretionary matter, we must decide whether Appellant Vinculum, Inc. (Vinculum) is entitled to recover attorney fees and lost-profit damages purportedly extending beyond a one-year, non-compete period that flowed from Goli Technologies, LLC’s (Goli LLC) […]
ATTORNEY’S FEES-SANCTIONS-VEXATIOUS LAWSUIT
In re Nomination Petition of Doyle, 2023 Pa. LEXIS 1570, 2023 WL 8102119 (S. Ct. November 22, 2023) (Todd, C.J.) The following participants shall be entitled to a reasonable counsel fee as part of the taxable costs of the matter: * * * (7) Any participant who is awarded counsel fees as a sanction against […]
ATTORNEY’S FEES-SUBCONTRACTORS
Riverview Carpet & Flooring, Inc. v. Presbyterian SeniorCare, 2023 Pa. Super. LEXIS 298, Pa. Super 119, WL 4412195. This case involved a contract dispute. A guarantee, even though not in writing, can be enforceable. Somebody can agree to pay a debt, even somebody else’s debt, and it could be binding. It does not necessarily need […]
ATTORNEY’S FEES-FINANCIAL RESPONSIBILITY LAW
Turnpaugh Chiropractic Health & Wellness Ctr., P.C. v. Erie Ins. Exch., 2023 Pa. Super. LEXIS 247 (June 8, 2023). BEFORE: BOWES, J., McCAFFERY, J., and STEVENS, P.J.E. OPINION BY STEVENS, P.J. Erie Insurance Exchange (“Erie”) appeals from the judgment entered by the Court of Common Pleas of Dauphin County finding in favor of Turnpaugh Chiropractic […]
ATTORNEY’S FEES-CLEAN STREAMS LAW
Clean Air Council v. Commonwealth, 2023 Pa. LEXIS 234 (S. Ct. February 22, 2023) (Wecht, J.) The General Assembly has charged the Department of Environmental Protection (“DEP”) with the authority to grant permits for activities regulated under the Clean Streams Law (“CSL”). The principal responsibility for ensuring that permits have been issued properly and that […]
ATTORNEY’S FEES-UTPCPL
Krishnan v. Cutler Group, 2017 Pa. Super. LEXIS 766 (October 2, 2017) Bender, P.J.E. This case involves a building contract and award of attorney’s fees under the Unfair Trade Practices and Consumer Protection Law. The trial court found in favor of the homeowners on their Unfair Trade Practices and Consumer Protection Law claim. It granted […]
ATTORNEY’S FEES-CIVIL RIGHTS-PENNSYLVANIA-PREVAILING PARTY
Huyett v. Doug’s Family Pharm., 2017 Pa. Super. LEXIS 272 (April 20, 2017) Bowes, J. Upon remand for the determination of attorney fees, the trial court followed this Court’s directive. It presided over the trial and had the opportunity to observe the witnesses. Additionally, it reviewed the trial transcript, weighed the evidence, and reached the […]