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Contingency fees in personal injury and medical malpractice cases are often capped by state law. [22] In other cases, attorney fees may be subject to review for reasonableness. For example, in class action cases the court in which the case is resolved will review the attorney fees of class counsel for reasonableness. [23]
Lemon law protection arises under state law, with every U.S. state and the District of Columbia having its own lemon law. [1] Although the exact criteria vary by state, new vehicle lemon laws require that an auto manufacturer repurchase a vehicle that has a significant defect that the manufacturer is unable to repair within a reasonable amount of time. [2]
In the United States the "American rule" is generally followed, each party bearing its own expense of litigation. However, 35 U.S.C. § 285 provides that in patent cases, the losing party may have to pay attorney fees of the winning party if the case is deemed "exceptional."
The federal "lemon law" also provides that the warrantor may be obligated to pay the attorney fees of the party prevailing in a lemon law suit, as do most state lemon laws. If a car has to be repaired for the same defect four or more times and the problem is still occurring, the car may be deemed to be a "lemon".
The Magnuson–Moss Warranty Act is one such federal law. [5] 28 U.S.C. § 1927 authorizes federal courts to award attorneys' fees and expenses against any attorney who unreasonably and vexatiously multiplies a proceeding. Federal courts also possess inherent authority to assess attorney’s fees and litigation costs against a plaintiff who has ...
The costs of hiring a divorce lawyer range widely based on the complexity of your case and your specific jurisdiction. However, on average, most people should expect to pay between $8,000 and ...