April 26, 2021 | Marcellus Drilling News marcellusdrilling.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from marcellusdrilling.com Daily Mail and Mail on Sunday newspapers.
Guidance on Awarding Attorney’s Fees
The Legislature has brought clarity and guidance to trial courts deciding whether to award a party attorney’s fees and expenses in an action brought under the Act. Prior to the new law, § 46A-5-104 of the Act merely told trial courts they could award “reasonable” attorney’s fees and expenses to a consumer and could award the same to a defendant if the action was brought in bad faith and for the purposes of harassment. The new law still provides that trial courts may award “reasonable” attorney’s fees to a consumer and also to a defendant if the action was brought in bad faith and for the purposes of harassment. But, the new law requires trial courts to conduct a “lodestar” analysis and examine the following factors in determining the amount of fees and expenses to award:
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March 31, 2021 was Cross-Over Day at the West Virginia Legislature. This is the day when all bills must pass out of their house of origin and on to the other chamber. Historically, just over 23 percent of all bills clear this hurdle and, once over to the other side of the Capitol, 65 percent of them end up being enacted. This year, a total of 2,037 bills have been introduced or originated in the Legislature. By the time both chambers recessed on Cross-Over Day, 389 bills had made the journey. Since the Legislature has already completed action on several dozen of those, there are now only 294 active bills pending. Among those bills are Governor Justice s tax proposals, together with competing versions from both the Senate and the House. In other significant news, however, is the passage of a bill creating an Intermediate Court of Appeals in West Virginia. This legislation has been a priority of the Chamber of Commerce a
New Amendment to West Virginia Consumer Credit and Protection Act Provides More Clarity for Creditors | Steptoe & Johnson PLLC jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.