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· 3/1/1994

Vanessa Menke v. Eric Monchecourt

Citations

  • 17 F.3d 1007
  • 28 Fed. R. Serv. 3d 69
  • 1994 U.S. App. LEXIS 3542

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing two bases for deviating from the rule that each party bear its own fees: (1) statutory authority for fee shifting and (2) contractual agreement between the parties
  • concluding “there is nothing in the Federal Arbitration Act which provides attorneys’ fees to a party who is successful in seeking confirmation of an arbitration award in federal courts”
  • permitting service on a foreign corporation by regular 18 mail and by e-mail, when authorized by the district court
  • noting absence of statutory basis for attorney’s fees in the Federal Arbitration Act and declining to award attorney’s fees on the basis of state law controlling merits of the arbitrated dispute
  • “Absent statutory authorization or contractual agreement between the parties, the prevailing American rule is that each party in federal litigation pays his own attorneys’ fees.”
  • “[T]here 1s nothing in the [FAA] which provides attorneys’ fees to a party who 1s successful in seeking confirmation of an arbitration award in the federal courts.’’

Source: CourtListener parenthetical corpus (CC0).

Judges: Coffey, Manion, Skinner

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.