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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."
Many statutes at both the federal and state levels allow the winner to recover reasonable attorney's fees, [3] and there are two major exceptions in federal case law as well. [ 4 ] Under Rule 54(d) of the Federal Rules of Civil Procedure , [ 2 ] federal statutes may supersede the default rule of not awarding attorney fees.
The United States is a notable exception, operating under the American rule, whereby each party is generally liable only for costs (e.g., filing fees, motion fees, fees for service of process, etc.) but not the other side's attorney's fees unless a specific statute or rule of court provides otherwise. [28]
The Georgia Supreme Court in 2010 ruled that caps violate the state constitution. What drives rates? Other factors that influence insurance rates include inflation, extreme weather, and the costs ...
The government of Indiana is established and regulated by the Constitution of Indiana. The state-level government consists of three branches: the judicial branch, the legislative branch, and the executive branch. The three branches share power and jointly govern the state of Indiana. County and local governments are also constitutional bodies ...
The federal government and nearly every state have passed tort claims acts allowing them to be sued for the negligence, but not intentional wrongs [citation needed], of government employees. The common-law tort doctrine of respondeat superior makes employers generally responsible for the torts of their employees.
A Georgia judge chastised state prosecutors Wednesday for mishandling confidential emails between a defense attorney and three Atlanta activists who face racketeering charges connected to violent ...
Solicitor General - The Solicitor General is the chief litigation policy advisor to the attorney general, providing comprehensive oversight of state and federal litigation for Indiana. The solicitor general also handles specific cases involving constitutional challenges, pursues cases with issues of vital interest to the state government, makes ...