Ohio Sample Letter for Plaintiff's Response to Defendant's Motion for Attorneys Fees
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FAQ
R. 11 governs the signing of pleadings, motions and other documents. For a ?willful? violation of this rule, an attorney or pro se party, upon motion of a party or upon the court's own motion, may be subjected to appropriate action, including an award to the opposing party of expenses and reasonable attorney fees.
For the first $50,000.00 at a rate of 5.5%; All above $50,000.00 and not exceeding $100,000.00 at the rate of 4.5%; All above $100,000.00 and not exceeding $400,000.00 at the rate of 3.5%;
Traditionally, reasonable attorney fees can be recovered from the losing party in a lawsuit when punitive damages are awarded. The ability to recover these fees can extend to the attorney fees incurred when the losing party unsuccessfully appeals the case, the Supreme Court of Ohio ruled today.
However, there are exceptions. A party can seek to recover its attorneys' fees under certain statutes, when there is a finding of fraud and/or punitive damages against the other party, and when there is a fee-shifting provision under the contract involved in the underlying dispute.
The tort of another doctrine is an exception to the ?American Rule? which allows for recovery of attorney's fees which are incurred as a result of another party's wrongful actions.
