| Title: |
Attorney Fees in Franchise Disputes: Atypical Mechanisms for Obtaining a Fee Award. |
| Authors: |
Hartney, Tyler thartney@larkinhoffman.com, Petersen, Silas spetersen@larkinhoffman.com |
| Source: |
Franchise Law Journal. Spring2024, Vol. 43 Issue 2, p153-166. 14p. |
| Subject Terms: |
*ARBITRATION & award, *LAWYERS' fees, *ADMINISTRATIVE fees, *LAWYERS, *RESTRAINT of trade, *CONTRACTS, *UNFAIR competition |
| Abstract: |
This article provides an overview of the mechanisms for obtaining attorney fees in franchise disputes. It explains that, generally, each party is responsible for their own attorney fees unless a statute or contract states otherwise. The article explores different approaches to recovering attorney fees, including contractual provisions, state statutes, fee-shifting reciprocity statutes, and arbitration rules. It also offers practical advice for litigators and transactional attorneys when faced with these issues. Additionally, the article highlights specific state laws and arbitration rules that allow for the recovery of attorney fees in franchise disputes. [Extracted from the article] |
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