Law Practice,
Civil Litigation
Mar. 31, 2021
Uncharted territory: post-trial fee-shifting motions
Modern American litigation now features an increasing number of cases in which a prevailing party may by post-trial motion receive attorney fees from the opposing party.
John D. O’Connor
John is a San Francisco litigator who frequently serves as an attorney fee expert witness and consultant.
Modern American litigation now features an increasing number of cases in which a prevailing party may by post-trial motion receive attorney fees from the opposing party. The requested fees may be based upon "two-way" contractual attorney fee clauses, as well as statutory fee-shifting provisions, often allowing recovery only by the prevailing plaintiff or, less frequently, as in anti-SLAPP litigation, by a prevailing defendant.
But a...
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