What are the main arguments in a personal injury action brought by a plaintiff against defendants?

MultiRegion, United States of America

The following excerpt is from McGuire v. Russell Miller, Inc., 1 F.3d 1306 (2nd Cir. 1993):

Defendants argue next that the district court erred by refusing to award attorneys' fees simply because defendants did not submit proof at trial of the amount of such fees. McGuire v. Wilson, No. 87 Civ. 8156, at 2, 1992 WL 380497 Defendants argue that the judgment ignores the jury's finding in question 22 that defendants were entitled to recover attorneys' fees. Plaintiff argues that it was defendants' burden to prove all its contractual damages, including attorneys' fees, by the requisite degree of proof at trial, and that the district court found properly that defendants failed to prove at trial the amount of attorneys' fees. Defendants respond that although plaintiff had the right to have a jury decide whether he was liable for attorneys' fees, once the jury decided that plaintiff was liable, the amount and reasonableness of such fees were questions for the judge, not the jury. Defendants argue that it would have been impossible for them to prove the amount of attorneys' fees at trial, because that amount was still accruing.

Other Questions


What is the test for a default judgment in a personal injury action brought by a defendant who has not appeared or defended the action? (MultiRegion, United States of America)
What is the test for a positive decision in a civil action brought by a plaintiff against a defendant in a personal injury case? (MultiRegion, United States of America)
In a personal injury action brought by plaintiffs against defendants who are not residents of this state, can they attach an automobile liability policy issued by an office in the state? ("New York", United States of America)
What is the test for a default judgment in a personal injury action brought by a defendant who has not appeared or defended in court? (MultiRegion, United States of America)
What is the test for an application in a personal injury action brought by a plaintiff against a defendant? ("New York", United States of America)
If a defendant chooses to represent himself in a pro se proceeding in a personal injury case, what are the consequences of the pro se defendant's actions? (MultiRegion, United States of America)
Can a plaintiff plead for another plaintiff in a personal injury action? (Canada (Federal), Canada)
What is the argument section of a brief in a motion for reversal of a decision in a personal injury case brought by a plaintiff? (MultiRegion, United States of America)
What is the test for equitable tolling in a personal injury action brought by a plaintiff against a non-profit organization's attorneys? (MultiRegion, United States of America)
What is the test for establishing that a claim before the Federal Court of Justice is a motion brought by a plaintiff in a personal injury case brought before the federal court? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.