Municipal Law - Klein Solomon Mills PLLC

Turning the Tables on Plaintiffs: Recovering Attorneys’ Fees as a Prevailing Defendant

Turning the Tables on Plaintiffs: Recovering Attorneys’ Fees as a Prevailing Defendant

2023-02-01T13:47:13-06:00By Kevin Klein|Categories: Litigation, Municipal Law|Tags: attorneysfees, Kevin Klein|

If someone files suit against me and I win, can I force the other side to reimburse my legal fees? Traditionally, the answer has been no – American courts follow the “American Rule,” under which each litigant generally pays his [...]

Think Before You Remove: Waiver of Exhaustion Argument in Regulatory Takings

Think Before You Remove: Waiver of Exhaustion Argument in Regulatory Takings

2022-10-29T01:48:38-06:00By MTteam|Categories: Municipal Law, Sixth Circuit|Tags: #exhaustion, #municipality, #takings, Allison Bussell|

The Sixth Circuit issued an opinion late last week that should give a municipality pause before it removes a regulatory takings case to federal court. Siding with the Second and Fourth Circuits, the Court held that by removing a regulatory takings [...]