Articles Tagged with Attorneys’ Fees

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7th Circuit Court SealTrentadue v. Gay, No. 15-3142 (7th Cir. 2016)

7th Circuit Court of Appeals

In May 2013 a Wisconsin Court determined that Trentadue committed “significant over‐trial” and ordered that he contribute $25,000 toward his ex‐wife’s Attorneys’ fees. In support of its finding the Court noted that “Trentadue’s desire to ‘win’ resulted in additional legal fees for his ex‐wife” and directed Trentadue to make payments directly to his ex‐wife’s lawyer. Trentadue appealed the ruling to the Wisconsin Court of Appeals. The Court of Appeals agreed with the Trial Court, and the Supreme Court of Wisconsin denied a further appeal.

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seal of the supreme court

Baker Botts L.L.P. v. ASARCO LLC, 14-109 (Jun 15) U.S. Sup.Ct.

Background

ASARCO hired the plaintiff law firms to assist it in carrying out its duties as a Chapter 11 Debtor in Possession (DiP) per 11 U.S.C. 327(a). When ASARCO emerged from Bankruptcy the law firms filed Fee Applications pursuant to 11 U.S.C. 330(a)(1), which permits the Bankruptcy Court to “award …reasonable compensation for actual, necessary services” by professionals.

Lower Court Rulings

ASARCO objected to the Fee Applications brought by its Attorneys. The Bankruptcy Court rejected ASARCO’s objections and went on to award fees for time spent defending the Fee Applications. On appeal from the Bankruptcy Court Order, The District Court held that the Law Firms could be awarded fees for defending their Fee Applications. On appeal from the District Court’s Order, the Fifth Circuit Court of Appeals reversed. Continue reading

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