Attorneys’ fees

Remedies. A copyright owner successhiUy proving infringement has three remedies available recovery of monetary damages injunctive reHef and recovery of costs, including attorneys fees. 

The legislation went into effect on December 10, 2005, with several provisions for enforcement. Any person in the District of Columbia who is adversely affected by the excessive prices could file suit. Remedies included an injunction to stop sales of the prescription drug, and payment of fines, damages, attorneys fees, or court costs. 

Probate is a public process that can be expensive and time consuming. Administrative and legal costs can run from 5 percent to 10 percent of the gross estate. This includes accountant, appraisal, and attorney fees, as well as court costs. Typical probate takes four to eight months but can rim longer if the will is contested or you own property out of state. These costs and delays can place an undue burden on your family. 

The DOL also has the right to seek an injunction, which means that the secretary of labor files a restraint prohibiting future violations of FLSA laws. Damages may include back pay (statute of limitations is 2 years for unintentional violations and 3 years for willful violations), penalties, attorney fees, and court costs. In a lawsuit, as opposed to an administrative audit by the DOL, employees generally collect back pay and liquidated damages in the amount of back pay (double damages). 

Compensation can include nonlegal expenses incurred as a result of the injury, lost earnings, and death up to 250,000. The program allows compensation for attorneys fees regardless of the outcome of the petition. 

Suits to enforce or defeat patents are invariably a component of larger business objectives, and the tactics employed must derive from the underlying business strategies. In most countries, patent litigation is a very expensive endeavor (226). Absent unique circumstances, litigants in the United States pay their own attorney fees and costs. In many other countries, the prevailing party may recover some or all of its fees and costs. Legal and expert witness fees, travel expenses, document expenses, and court fees can mount quickly. 

The remedies for infringement available in the United States include an injunction (court order to stop the infringing activity or to destroy the infringing product) or damages (monetary or other compensation calculated to reimburse the patent holder for the losses suffered) [73]. Attorney fees may also be claimed. 

Kerry D. Florio, Attorneys Fees in Environmental Citizen Suits Should Prevailing Defendants Recover 27 B.C. Envtl. Aff. L. Rev. 707,709 (2000). 

Prior to commencing suit, the plaintiff must give the Administrator, and any person who is alleged to have violated the law, at least sixty days notice of intent to sue. The plaintiff need only give ten days notice of intent to sue for failure of the Administrator to take action to respond to an imminent hazard under 7. Trial courts and the appellate courts have the authority to award reasonable attorneys fees and expert fees and court costs, as appropriate. ... 

A) The Administrator may, pursuant to rules prescribed by the Administrator, provide compensation for reasonable attorneys fees, expert... 

A Title VII action is considered equitable in nature, and the primary objective is to stop or eigoin the unlawful discrimination practices. Potential remedies can include injunctive relief, back pay, attorney fees, punitive damages, and other relief Class actions are permitted under Title VII if the rules of civil procedure are met. Although safety professionals will seldom be involved in a Title VII court action, there are a number of possible defenses, including, but not limited to, business necessity defense, statistical data, and bona fide occupational qualifications. 

With the passage of the Civil Rights Act of 1991, the remedies provided under the ADA were modified. Employment discrimination (whether intentional or by practice) that has a discriminatory effect on qualified individuals may include hiring, reinstatement, promotion, back pay, front pay, reasonable accommodation, or other actions that will make an individual whole. Payment of attorney fees, expert witness fees, and court fees is still permitted, and jury trials are also allowed. 

Payment of compensatory damages (backpay with interest and compensation for any special damages sustained as the result of the retaliation including any litigation costs, expert witness fees, and reasonable attorney fees). 

This relatively lenient summary judgment standard is counterbalanced by potential restrictions on a plaintiff s recovery for a mixed-motive claim. Under Title VII, a plaintiff asserting a mixed-motive claim is entitled only to declaratory relief, limited injunctive relief, and attorney fees and costs where the employer demonstrates that it would have taken the same employment action in the absence of an impermissible motivating factor. 42 U.S.C. 2000e-5(g)(2)(B). 

Expense Ratios for insurance claims can be measured as the expense versus the total dollar loss for the claim (Bok and Shields 2001). The expenses are costs to the insured in excess of the losses. Insurers must pay expenses such as special services like attorneys fees, rental fees, supplies, and taxes all of which form a cost of doing business (Bickelhaupt 1983,66). 

Safety and health professionals should be aware that the governing federal agency for the ADA is the Equal Employment Opportunity Commission. Enforcement of the ADA is also permitted by the attorney general or by private lawsuit. Remedies under these titles include the ordered modification of a facility, and civil penalties of up to 50,000 for the first violation and 100,000 for any subsequent violations. Section 505 permits reasonable attorney fees and litigation costs for the prevailing... 

Norfolk Southern has been ordered to pay a former employee 122,199 in compensatory and punitive damages as well as reasonable attorneys fees. The railroad also has been ordered to expunge the disciplinary record of the individual and post a notice in all of its areas where... 

Financial Protection. The Truth in Lending Act of 1968 required creditors to disclose information for consumers to use in comparing loan offers and information related to the full cost of the credit. It also authorized consumers to bring lawsuits against lenders for statutory damages and attorneys fees. 

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