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Defendant never liable for court fees [6] Government liable for defendant attorney's fees in cases of bad faith prosecution [6] Alabama: Court fees payable on request of the judge if convicted [7] Alaska: Court fees payable on conviction unless good cause shown [8] Arizona: Court fees never available in a criminal case, even in cases of a bad ...
Under the Federal Rules of Civil Procedure 54(d), [2] federal statutes may supersede the default rule of not awarding attorney fees. The Magnuson–Moss Warranty Act is one such federal law. [4] 28 U.S.C. § 1927 authorizes federal courts to award attorneys' fees and expenses against any attorney who unreasonably and vexatiously multiplies a ...
In the United States the "American rule" is generally followed, each party bearing its own expense of litigation. However, 35 U.S.C. § 285 provides that in patent cases, the losing party may have to pay attorney fees of the winning party if the case is deemed "exceptional."
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Contingency fees in personal injury and medical malpractice cases are often capped by state law. [22] In other cases, attorney fees may be subject to review for reasonableness. For example, in class action cases the court in which the case is resolved will review the attorney fees of class counsel for reasonableness. [23]
The text of 42 U.S.C. § 1988(b) are as follows: "(b) Attorney’s fees In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92–318, the Religious Freedom Restoration Act of 1993, the Religious Land Use and Institutionalized Persons Act of 2000, title VI of the Civil Rights Act of 1964, or section 12361 ...
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