Litigation
Jun. 28, 2011
One-Way Fee Strategies: The Key to Success
The playing field may be tilted toward the plaintiff, but a defendant can beat a meritless one-way fees claim. By Kurt A. Schlichter and Heather S. Dufau of Schlichter & Shonack LLP
Defending a case where the operative statutes provide for attorney fees recovery only by the plaintiff takes a different kind of strategy. One-way fee statutes - laws that allow a prevailing plaintiff to recover fees but make it difficult or impossible for a prevailing defendant to do so - are designed to make it possible to prosecute cases that it would otherwise be economically inefficient to pursue. Many consumer,...
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