attorney fees

Bill would allow recovery of attorney fees in all wrongful death actions

December 28, 2015
Marilyn Odendahl
A northern Indiana senator has introduced legislation to amend Indiana’s wrongful death statute to allow for surviving families to collect attorney fees.
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Reversal: Care facility must pay legal fees after $1M negligence verdict

December 23, 2015
Dave Stafford
An assisted-living facility where a resident died after being badly burned must pay the estate’s attorney fees, the Indiana Court of Appeals ruled Wednesday in reversing a trial court.
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Appeals court concerned about fee-shifting provisions in domestic relations cases

December 22, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court’s decision to not award a mother attorney fees despite the inclusion of a fee-shifting provision in her divorce settlement. In doing so, the appeals court pointed out how these provisions may go against public policy.
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COA rules in contentious attorney fees case

December 22, 2015
Jennifer Nelson
The Indiana Court of Appeals had harsh words for the three lawyers involved in a protracted, unprofessional legal battle over attorney fees owed in a breach of contract lawsuit against Lake Station, Indiana.
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Lawyer loses fee appeal against defunct Stewart & Irwin

December 10, 2015
Dave Stafford
A lawyer who claimed his former law firm and its shareholders wrongly withheld fees he was contractually owed lost his appeal of a judgment in the firm's favor Thursday.
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Protecting Your Practice: Avoid problematic fee agreements

December 2, 2015
Neal Bowling, Dina Cox
It is crucial to have a clear, written agreement with your client explaining not just the scope of your services, but how you will be paid for those services. Be careful that you don’t run afoul of your professional obligations in that fee agreement or in your billing.
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Court must recalculate attorney fees

November 6, 2015
Jennifer Nelson
A trial court has the discretion to determine whether and how much to award in attorney fees, but a Porter Superior Court incorrectly determined what attorney fees the prevailing party was entitled to in a slander of title action, the Indiana Court of Appeals held Friday.
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Figuring out flat fees

November 4, 2015
Dave Stafford
A recent Indiana State Bar Association Legal Ethics Committee opinion says lawyers who charge clients flat fees considered earned on receipt shouldn’t deposit the fees in their Interest on Lawyer Trust Account, but should put the money in the firm’s operating account. Some lawyers aren’t convinced this makes sense.
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COA affirms sanctions for lawyer’s misrepresentation of invoices

October 22, 2015
Jennifer Nelson
The Indiana Court of Appeals called out an attorney for the errors in her appellate brief and considered requiring her to prove she attended continuing legal education on appellate practice before filing anything else before the appeals court.
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Justices affirm attorney fees award in domestic arbitration

October 16, 2015
Dave Stafford
A trial court ruling ordering an ex-husband to pay his ex-wife’s legal fees in a divorce settled under the Family Law Arbitration Act was affirmed Friday by the Indiana Supreme Court.
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COA affirms attorney fee order

October 15, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld the decision by a trial court that in order for proceedings supplemental to be withdrawn without prejudice, the moving party must pay attorney fees as ordered by the lower court.
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COA outlines approach to awarding attorney fees in estate challenges

October 14, 2015
In a case in which the trial court awarded a woman and her children more than $170,000 in attorney fees even though two of the three claims raised were without just cause or good faith, the Indiana Court of Appeals specified the approach judges should follow when a party seeks attorney fees pursuant to I.C. 29-1-10-14.
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BP to pay $138 million in fees in DOJ deal

October 8, 2015
 Bloomberg News
The value of BP Plc’s settlement with the U.S. government and five Gulf states over the Deepwater Horizon oil spill rose to $20.8 billion in the latest tally of costs from the U.S. Justice Department.
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Justices: Survivors cannot recover attorney fees

October 7, 2015
Marilyn Odendahl
The ambiguous phrase, “including but not limited to” in the state’s wrongful death statutes has again caught the attention of the Indiana Supreme Court, but this time the justices cautioned against broad interpretation.
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Whitestown, Zionsville pay $500K-plus in legal fees

October 1, 2015
Lindsey Erdody, IBJ Staff
More than a half-million dollars has been spent to date by Whitestown and Zionsville in the ongoing legal battle between the two Boone County towns.
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Are merger suits in Delaware poised for a drop?

October 1, 2015
 Bloomberg News
Are Delaware’s judges attempting to rein in the shareholder litigation that has become an inevitable sideshow to virtually every corporate takeover?
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Post-judgment petitions for attorney fees permissible, COA rules

September 24, 2015
Marilyn Odendahl
Even after a trial court has entered a judgment and the case is settled, the Indiana Court of Appeals has ruled parties can still make a new filing for attorney fees.
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Attorney fees award was reasonable, COA rules

September 16, 2015
Marilyn Odendahl
After a former employee was awarded nearly $100,000 in attorney fees, R.L. Turner Corp. asserted the amount was unreasonable given the employee’s total award for damages was less than $12,000.
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Widow not entitled to attorney fees in wrongful death case

September 15, 2015
Marilyn Odendahl
Attorney fees awarded in a wrongful death suit have been overturned by the Indiana Court of Appeals weeks after the Indiana Supreme Court weighed in on the state statute’s language.
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Award of attorney fees in wrongful death depends on existence of survivors

August 27, 2015
Marilyn Odendahl
In a case of first impression, the Indiana Supreme Court said it was “neither absurd nor contrary to public policy” to find the state’s General Wrongful Death Statute provides different damage awards depending on survivors.
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Firm that took Conour cases ordered to pay creditor $774K

August 27, 2015
Dave Stafford
A law firm that took over personal-injury cases as attorney William Conour’s practice was unraveling before his fraud conviction must pay a Conour creditor almost $775,000, a federal judge ruled.
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Justices OK award of attorney fees in mechanic’s lien suit

August 26, 2015
Dave Stafford
Subcontractors who worked on an IMAX movie theater in Portage and had to foreclose mechanic’s liens in order to get paid are entitled to legal fees, the Indiana Supreme Court ruled, affirming a Porter Superior trial court.
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Kentucky taxpayers owe $2.3 million in fees in same-sex marriage case

August 25, 2015
 Associated Press
Attorneys who successfully challenged Kentucky’s ban on same-sex marriage have submitted a bill for more than $2 million in legal fees, court costs and related expenses. The state of Kentucky, as the losing party in the case, gets stuck with the tab under federal civil-rights law.
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State must pay legal fees in unclaimed property appeal

July 24, 2015
Dave Stafford
A woman who previously won a federal lawsuit arguing she was entitled to interest on unclaimed property held by the Indiana attorney general’s office also won her claim that the state should pay her legal fees for her initial appeal.
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7th Circuit slams lawyer, sets new law on fees

July 2, 2015
Dave Stafford
An Indianapolis attorney who appealed a class-action lawsuit seeking a share of his clients’ compensation on top of a statutory award of fees was called out by the 7th Circuit Court of Appeals, which denied his appeal and affirmed the judgment of the U.S. District Court for the Southern District of Indiana.
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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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