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Attorney's Fees; Statutes and Law in Pennsylvania

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Attorney's Fees; Statutes and Law in Pennsylvania Attorney’s Fees; Statutes and Law In Pennsylvania Updated March 1, 2017 A Guide to Fee-Shifting Rules and Statutes by Clifford A. Rieders, Esquire Rieders, Travis, Humphrey, Waters & Dohrmann 161 W. Third St. Williamsport, PA 17701 P: 570-323-8711 F: 570-567-1025 [email protected] www.riederstravis.com Copyright 2016 Clifford A. Rieders Table of Contents Page Introduction …………………………………………………………………….... 2 Chapter 1: General Concepts Concerning Attorney’s Fees ………………….. 3 1. The “American Rule” ………………………………………………………………............. 3 2. Waiver of Attorney’s Fee; Litigating Under English Rule; Contractual Fee-Shifting Agreements………………………………………………………………………………….. 4 3. Two Broad Categories: (1) Attorney’s Fees Available to One Party Versus Both Parties & (2) “May” Versus “Shall” Provisions ……………………………………………………. 6 4. Prevailing Party ……………………………………………………………………………... 7 5. Equity Power of the Court & Standard of Review ………………………………………….. 8 6. Determining a Reasonable Fee ……………………………………………………………… 9 7. Who May Award Attorney’s Fees ………………………………………………………….. 10 8. Petitioning the Court ………………………………………………………………………... 10 9. Appealability of Attorney’s Fees……………………………………………………………. 11 10. Hearing on Attorney’s Fees; Due Process Requirements ……………………………………11 11. Appellate Review of an Award of Attorney’s Fees ………………………………………… 12 12. Multiple Claims…………………………………………………………………………... …13 13. Sovereign Immunity ………………………………………………………………………... 13 14. Miscellaneous Information …………………………………………………………………. 13 Chapter 2: Pennsylvania Rules of Civil Procedure …………………………...15 1. Pa. R.C.P. No. 229.1 – Settlement Funds. Failure to Deliver. Sanctions ……………………15 2. Pa. R.C.P. No. 234.5 – Failure to Comply with Subpoena. Notice to Attend or Notice to Produce ……………………………........................................................................................18 3. Pa. R.C.P. No. 1023.1 – Scope. Signing of Documents. Representation to the Court. Violation …………………………………………………………..........................................19 4. Pa. R.C.P. No. 1023.2 – Motion for Sanctions ……………………………………………... 22 5. Pa. R.C.P. No. 1023.4 – Sanctions …………………………………………………………..23 6. Pa. R.C.P. No. 1075.2 – Ex Parte Issuance of Writ of Seizure ……………………………... 24 7. Pa. R.C.P. No. 1574 – Costs and Counsel Fees …………………………………………….. 27 8. Pa. R.C.P. No. 1716 – Counsel Fees ………………………………………………………...28 9. Pa. R.C.P. No. 1920.13 – Pleading More Than One Cause of Action. Alternative Pleading ……………………………………………………………………………………...30 10. Pa. R.C.P. No. 1920.31 – Joinder of Related Claims. Child and Spousal Support. Alimony. Alimony Pendente Lite. Counsel Fees. Expenses …………………………………………... 32 11. Pa. R.C.P. No. 1920.33 – Joinder of Related Claims. Distribution of Property. Enforcement ………………………………………………………………………………… 34 12. Pa. R.C.P. No. 1940.8 – Sanctions …………………………………………………………..37 13. Pa. R.C.P. No. 2039 – Compromise, Settlement, Discontinuance and Distribution ………...38 14. Pa. R.C.P. No. 2064 – Compromise, Settlement, Discontinuance and Distribution ………...41 15. Pa. R.C.P. No. 2206 – Settlement, Compromise, Discontinuance and Judgment …………...44 i 16. Pa. R.C.P. No. 2957 – Praecipe for Writ of Execution. Amount. Items Claimed. Certification ………………………………………………………………………………… 48 17. Pa. R.C.P. No. 3146 – Judgment against Garnishee upon Default or Admission in Answer to Interrogatories ……………………………………………………………………………. 50 18. Pa. R.C.P. No. 3213 – Judgment …………………………………………………………….53 19. Pa. R.C.P. No. 4008 – Oral Examination. Limitation ………………………………………. 54 20. Pa. R.C.P. No. 4019 – Sanctions …………………………………………………………….55 Chapter 3: Pennsylvania Rules of Appellate Procedure …………………….. 61 1. Pa. R.A.P. No. 2744 – Further Costs. Counsel Fees. Damages for Delay ………………….. 61 2. Pa. R.A.P. No. 3305 – Administrative Motions ……………………………………………..65 Chapter 4: Pennsylvania Statutes ……………………………………………...67 1. 5 Pa.C.S.A. § 3314 – Athletics and Sports. Athlete Agents. Registration of Athlete Agents. Registration. Civil Remedies …………………………………………………………………… 67 2. 12 Pa.C.S.A. § 5305 – Commerce and Trade. Miscellaneous Provisions. Trade Secrets. Attorney Fees …………………………………………………………………………………… 68 3. 13 Pa.C.S.A. § 2A108 – Commercial Code. Leases. General Provisions. Unconscionability …………………………………………………………………………... 69 4. 13 Pa.C.S.A. § 4A211 – Commercial Code. Fund Transfers. Issue and Acceptance of Payment Order. Cancellation and Amendment of Payment Order …………………………. 71 5. 13 Pa.C.S.A. § 4A305 – Commercial Code. Funds Transfers. Execution of Sender’s Payment Order by Receiving Bank. Liability for Late or Improper Execution or Failure to Execute Payment Order ……………………………………………………………………...74 6. 13 Pa.C.S.A. § 4A404 – Commercial Code. Funds Transfers. Payment. Obligation of Beneficiary’s Bank to Pay and Give Notice to Beneficiary …………………………………76 7. 13 Pa.C.S.A. § 5111 – Commercial Code. Letters of Credit. Letters of Credit. Remedies … 78 8. 13 Pa.C.S.A. § 7601 – Commercial Code. Warehouse Receipts, Bills of Lading and Other Documents of Title. Warehouse Receipts and Bills of Lading: Miscellaneous Provisions. Lost and Missing Documents ………………………………………………………………..80 9. 13 Pa.C.S.A. § 9607 – Commercial Code. Secured Transactions. Default. Default and Enforcement of Security Interest. Collection and Enforcement by Secured Party …………. 81 10. 15 Pa.C.S.A. § 523 – Corporations and Unincorporated Associations. Corporations. Corporations Generally. Corporations. Provisions Applicable to Particular Types of Corporations. Actions by Shareholders or Members to Enforce a Secondary Right ………...83 11. 15 Pa.C.S.A. § 1580 – Corporation and Unincorporated Associations. Corporations. Business Corporations. Domestic Business Corporations Generally. Corporate Powers, Duties and Safeguards. Dissenters Rights. Costs and Expenses of Valuation Proceedings …85 12. 15 Pa.C.S.A. § 1743 – Corporations and Unincorporated Associations. Corporations. Business Corporations. Domestic Business Corporations Generally. Officers, Directors and Shareholders. Indemnification. Mandatory Identification ……………………………... 87 13. 15 Pa.C.S.A. § 1782 – Corporations and Unincorporated Associations. Corporations. Business Corporations. Domestic Business Corporations Generally. Officers, Directors and Shareholders. Derivative Actions. Actions Against Directors and Officers …………… 88 ii 14. 15 Pa.C.S.A. § 2325 – Corporations and Unincorporated Associations. Corporations. Business Corporations. Domestic Business Corporation Ancillaries. Statutory Close Corporations. Share. Sale Option of Estate of Shareholder ………………………………… 90 15. 15 Pa.C.S.A. § 2576 – Corporations and Unincorporated Associations. Corporations. Business Corporations. Domestic Business Corporation Ancillaries. Registered Corporations. Disgorgement by Certain Controlling Shareholders Following Attempts to Acquire Control. Enforcement Actions ………………………………………………….. 94 16. 15 Pa.C.S.A. § 5743 – Corporations and Unincorporated Associations. Corporations. Nonprofit Corporations. Domestic Nonprofit Corporations Generally. Officers, Directors and Members. Indemnification. Mandatory Indemnification ………………………………. 96 17. 15 Pa.C.S.A. § 5782 – Corporations and Unincorporated Associations. Corporations. Nonprofit Corporations. Domestic Nonprofit Corporations Generally. Officer, Directors and Members. Derivative Actions. Actions Against Directors, Members of an Other Body and Officers ………………………………………………………………………….. 97 18. 15 Pa.C.S.A. § 7534 – Corporations and Unincorporated Associations. Corporations. Cooperative Corporations. Domestic Cooperative Corporations Ancillaries. Cooperative Agricultural Associations. Powers, Duties and Safeguards. Marketing Arrangements ………………………………………………………………………………. 99 19. 15 Pa.C.S.A. 7718 – Corporations and Unincorporated Associations. Corporations. Cooperative Corporations. Domestic Cooperative Corporation Ancillaries. Workers’ Cooperative Corporations. Indemnity ……………………………………………………….101 20. 15 Pa.C.S.A. § 8594 – Corporations and Unincorporated Associations. Partnerships and Limited Liability Companies. Limited Partnerships. Derivative Actions. Expenses ……... 103 21. 17 Pa.C.S.A. § 509 – Credit Unions. Corporate Powers, Duties and Safeguards. Fees and Charges ……………………………………………………………………………………..105 22. 17 Pa.C.S.A. § 715 – Credit Unions. Members, Directors and Officers. Actions by Members to Enforce a Secondary Right …………………………………………………... 106 23. 18 Pa.C.S.A. § 910 – Crimes and Offenses. Preliminary Provisions. Inchoate Crimes. Manufacture, Distribution, Use or Possession of Devices for Theft of Telecommunications Services …………………………………………………………….. 108 24. 18 Pa.C.S.A. § 3209 – Crimes and Offenses. Definition of Specific Offenses. Offenses Involving Danger to the Person. Abortion. Spousal Notice ………………………………. 113 25. 18 Pa.C.S.A. § 3217 – Crimes and Offenses. Definition of Specific Offenses. Offenses Involving Danger to the Person. Abortion. Civil Penalties ……………………………….. 115 26. 18 Pa.C.S.A. § 3926 – Crimes and Offenses. Definition of Specific Offenses. Offenses Against Property. Theft and Related Offenses. Definition of Offenses. Theft of Services .. 116 27. 18 Pa.C.S.A. § 4957 – Crimes and Offenses. Definition of Specific Offenses. Offenses Against Public Administration. Falsification and Intimidation. Victim and Witness Intimidation. Protection of Employment of Crime Victims, Family Members of Victims and Witnesses ………………………………………………………………………………120 28. 18 Pa.C.S.A. § 5747 – Crimes and Offenses. Definition of Specific Offenses. Offenses Against Public Order and Decency. Wiretapping and
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