It is generally thought that a contract provision awarding attorneys' fees to a prevailing party will be enforced. The most recent saga in the Domino's system's equipment dispute confirms this principle, but, at the same time, suggests that courts will, when appropriate, restrict the amount of the award.
The 2008 Kansas Legislature passed a statute that declares void as against Kansas public policy long-standing contract risk-allocation provisions in many commercial contracts ' including franchise and dealership contracts. The story begins in 2004, when the legislature enacted a prohibition against liability indemnity provisions in construction contracts.
Commentary on the latest cases.
A look at recent rulings of importance.
Everything contained in this issue, in an easy-to-read format.
The United States Court of Appeals for the Second Circuit in Diaz v. Patterson, 547 F. 3d 88, has rejected a due-process challenge to a New York law that allows a person who brings or plans to bring a lawsuit claiming an interest in real property to file a lis pendens against the property. The lis pendens is a document, filed in the office of the clerk of the county where the property is located, which serves to notify potential purchasers of claims against the property.
Any adjustments we can make to our management style using LEAN processing techniques can significantly beef up a firm's bottom line.
There are steps firms can take — many in the areas of accounting and financial planning — to best ensure that they emerge from the current economic slump just as strong as when they entered it.
