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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 American rule (capitalized as American Rule in some U.S. states) is the default legal rule in the United States controlling assessment of attorneys' fees arising out of litigation. It provides that each party is responsible for paying its own attorney's fees, [ 1 ] [ 2 ] unless specific authority granted by statute or contract allows the ...
The United States is a notable exception, operating under the American rule, whereby each party is generally liable only for costs (e.g., filing fees, motion fees, fees for service of process, etc.) but not the other side's attorney's fees unless a specific statute or rule of court provides otherwise. [28]
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It is beyond time for Ohio lawmakers to do the right and just things to make this state safer from gun violence, the Dispatch Editorial Board writes.
The loser pays principle does not apply under the United States legal system unless there is a specific statute awarding fees to the prevailing party. [2] Alternatively, the contract between the parties may provide that the prevailing party is entitled to recover attorney's fees from the losing party.
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