· 6/29/1866
Dragoo v. Levi
Citations
- 63 Ky. 520
- 2 Duv. 520
- 1866 Ky. LEXIS 44
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling that “engaging in settlement negotiations does not in itself establish the reasonable basis of a claim.”
- holding “the Federal Circuit in Avera and Shaw did not enunciate the universe of litigation circumstances which would warrant an award of interim attorney’s fees”
- suggesting that upon counsel’s withdrawal, when it is unknowable how long a case might then take, an interim award may be appropriate
- finding that the special master erred when special master “cited no allegations of injury or causation, no medical records, and no legal authority in determining that Petitioners’ claim had a reasonable basis”
- affirming interim fee award and finding circumstances warranted exercise of special master’s discretion, noting that the special master found it was “unknowable” when the ease would end
- vacating an award of attorneys’ fees and costs on an interim basis premised on settlement discussions and remanding for consideration of medical records
Source: CourtListener parenthetical corpus (CC0).
Judges: Peters
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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