· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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