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Full-Text Articles in Law
Listings, Leases, And Liabilities, Roger Bernhardt
Listings, Leases, And Liabilities, Roger Bernhardt
Publications
This article discusses the California case Blickman Turkus v. MF Downtown Sunnyvale which could have been a rich source of guidance as to brokers’ commissions, disclosure duties, confidential communications, and agency, but instead focused on pleading issues.
Attorneys Fees, Offsets And Priorities, Roger Bernhardt
Attorneys Fees, Offsets And Priorities, Roger Bernhardt
Publications
This article discusses the unpredictability of determining whether the rules of offset or the rules of priorities will prevail in a situation, and goes into the question of whether attorneys’ fees will be given priority over other claims when those fees are contractual and do not relate back. The article concerns a California decision which held that a lis pendens did not give purchasers superpriority over competing liens.
Attorney Fees And Lien Priorities, Roger Bernhardt
Attorney Fees And Lien Priorities, Roger Bernhardt
Publications
This article examines a California decision that held that the attorneys fees of a successful purchaser in a specific performance action are subordinate to any liens the seller imposed on the property during the litigation.
Attorney Fees Clause For Compensation But Not Fraud Claims: Hasler V Howard, 2004, Roger Bernhardt
Attorney Fees Clause For Compensation But Not Fraud Claims: Hasler V Howard, 2004, Roger Bernhardt
Publications
This article discusses a California case holding that an attorney fees clause in a listing agreement limited to actions regarding broker’s compensation did not cover fees incurred by a broker in seller’s failed fraud action.
Attorney Fees As Superfund Response Costs, K.K. Duvivier, Carolyn L. Buchholz
Attorney Fees As Superfund Response Costs, K.K. Duvivier, Carolyn L. Buchholz
Sturm College of Law: Faculty Scholarship
Although other areas of natural resources law have been hit by hard times, the environ- mental area is burgeoning. The intricacies of the Comprehensive Environmental Response, Com- pensation and Liability Act (CERCLA or Super- fund), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), ensure attorney participation. Further- more, much of the fuel that drives CERCIA lit- igation is the presumption by many clients that their attorney fees are costs that can be re- covered as response costs under section 107 of CERCLA. 42 U.S.C. S 9607 (1983). Such an assumption may be a serious and costly …
Damages - Expenses Of Litigation - Counsel Fees In A Previous Suit, Gerald M. Lively
Damages - Expenses Of Litigation - Counsel Fees In A Previous Suit, Gerald M. Lively
Michigan Law Review
Plaintiffs brought this appeal from a judgment dismissing an action to recover the attorney's fees and other expenses of the prosecution of a prior suit with defendant. In the former action plaintiffs had secured a decree requiring defendant to convey to them certain property which the defendant had withheld fraudulently and maliciously. In the present action defendant successfully had moved to dismiss on the grounds that attorney's fees as between original litigants were not recoverable and further that this claim was res judicata due to the prior suit. Held, one justice dissenting as defendant's intentional and wilful misconduct necessitated …