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Several states also have exceptions to the American rule in both statutes and case law. For example, in California, the Consumers Legal Remedies Act allows plaintiffs to recover attorney's fees, [7] and in insurance bad faith cases, a policyholder may be able to recover attorney's fees as a separate component of damages. [8]
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 ...
A contingent fee, or contingency fee, is an attorney fee that is made contingent on the outcome of a case. A typical contingent fee in a tort case is normally one third to forty percent of the recovery, but the attorney does not recover a fee unless money is recovered for the client. States prohibit contingent fees in certain types of cases.
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."
$200 fee for those convicted of felony, $50 for misdemeanor, with many additional costs depending on the crime [14] Florida is known to use a large number of fees, these can be collected from defendants with a 40% surcharge [15] Georgia: Georgia assesses a 10% additional fee if a defendant challenges a traffic violation and is found guilty [16 ...
Contingent fees have been allowed in South Africa since 1997, as discussed by K. G. Druker in "The law of contingency fees in South Africa". [11] Any fees higher than the normal fees of the legal practitioner concerned may not exceed such normal fees by more than 100%.
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