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1. Who Can Be Liable for Attorney s Fees under Chapter 38? Chapter 38 authorizes a person to recover reasonable attorney s fees from an individual or corporation in a breach of contract case. One issue that has arisen is whether an entity other than an individual or corporation can be liable for attorney s fees under Chapter 38.
attorney s fees. Regardless of the causes, attorney s fee disputes and opinions on attorney s fees continue to proliferate and 2019 is no exception. Apart from reiterating fundamentals, this paper focuses on non-family law, non-class action caselaw on attorney s fees in the 2018-2019 period. Despite the trend toward statutes and
Jul 1, 2019 · On April 26, 2019, the Texas Supreme Court issued its opinion in Rohrmoos Venture v. UTSW DVA Healthcare (available here). The case has importance guidance concerning attorney’s fees under Texas law. Notable points include:
Jul 12, 2023 · The cost of a lawyer can vary depending on fee schedules, flat-rate vs. hourly, retainer vs. contingency, and an estimate of the total cost based on the case.
Any party seeking attorney’s fees must give fair notice of the claim by pleading it. The basis for the attorney’s fee claim needs to be specifically pleaded. One appellate decision found that because the plaintiff did not plead for attorney’s fees under a contract but rather solely under a statute, fees were only
1. Chapter 38, Texas Civil Practice & Remedies Code (Contracts & Quantum Meruit) Chapter 38 of the Texas Civil Practice and Remedies Code is one of the statutes most often pled as a basis for recovery of fees in both construction and general business litigation.
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May 11, 2020 · The Texas Supreme Court recently provided pointed guidance to litigants seeking attorney’s fees in a fee-shifting setting. “In short, to secure an award of attorney’s fees from an opponent, the prevailing party must prove that (1) recovery of attorney’s fees is legally authorized, and (2) the requested attorney’s fees are reasonable ...