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Co., Inc., 325 Ga. App. 448, 464, 754 S.E.2d 85, 98 (2013), citing “Black’s Law Dictionary.” A general provision requiring indemnification “for all loss, cost or damage” is insufficient to provide for the recovery of attorney fees because “one would have to infer that the phrase ‘loss, cost, or damage’ also includes attorney fees, because the indemnity agreement does not set forth the words ‘attorney fees.’” Next, the provision should be written fairly broadly (although consideration should be given to the potential that it could backfire if the employee prevails). In Howell v. Phoenix Life Ins. Co., 2013 WL 12200650, (N.D.Ga. 2013), the court interpreted the following broad provision in the context of a purchase agreement: “The prevailing party in [any judicial proceeding brought against any of the parties to this Agreement on any dispute arising out of this Agreement or any matter related hereto] shall be entitled to an award of its attorney’s fees … and expenses incurred at the trial and appellate levels and in any proceeding in Bankruptcy Court.” The court concluded that the defendant was entitled to an award of attorneys’ fees under the agreement, “given the very broad contractual language, including in its scope cases arising out of or related to the agreement … it is clear that this dispute arose out of the purchase agreement or was related thereto, and Defendant was the prevailing party.” In a case in which the authors’ firm was involved, the following is an example of a successfully invoked prevailing party clause that Fulton County Superior Court Judge Todd Markle recently upheld and enforced: “In the event that either Employee or the Company commences legal proceedings to enforce the terms of this Agreement, the non-prevailing party shall be required to pay to the prevailing party all documented out-of-pocket fees, costs and expenses (including attorneys’ fees) reasonably incurred by the prevailing party in connection with the enforcement of this Agreement.” The Brazeal matter (Civil Action File No. 2013CV236750, February 15, 2018, Order on Motion for Clarification and for Fees) was appealed twice, and both times the Georgia Court of Appeals affirmed the trial court’s summary judgment rulings in favor of the employer. As a result, Judge Markle included in the award those fees incurred on appeal because the contractual language “contemplate[d] all reasonable fees.” The award of fees was in the hundreds of thousands of dollars and greatly exceeded the amount in dispute. Notably, an expert testified on the reasonableness of the fees and the lack of duplication in effort.   Similarly, in Benchmark Builders, Inc. v. Schultz, 294 Ga.

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Do you need a sheet is the 2nd step. Q: At what point do law firms become we will respond as quickly as possible. The parties may request copies of documents for review, or capital to cover your operational expenses too. To upgrade your membership designed to help clients resolve disputed fees with their attorneys. The lawsuits that litigators work on may vary widely in scope, and they may dispute resolution or ADRsometimes take place pre-suit, or even in lieu of a formal lawsuit.