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+--- Thread: Orchidland Mandatory Road Fees Update (/showthread.php?tid=18789)
RE: Orchidland Mandatory Road Fees Update - KeaauRich - 09-29-2017
I would assume that the insurance that covers the Non-Arthurs group would be on the hook if the Arthurs group prevails and is allowed to recoup their legal expenses (whatever they may be).
RE: Orchidland Mandatory Road Fees Update - kalakoa - 09-30-2017
insurance that covers the Non-Arthurs group would be on the hook
It's usually cheaper to litigate the claim than it is to pay it, so more money for the lawyers (again).
RE: Orchidland Mandatory Road Fees Update - My 2 cents - 09-30-2017
It seems appropriate that the prevailing party should be able to recover their costs, but I think this is a common misconception. My understanding is that attorney's fees are only recoverable in Hawaii if there is a statute, case law, or agreement that allows it. Otherwise, the litigants are expected to cover their own costs. "My understanding" comes from a high mucky-muck Honolulu attorney. So I could easily be wrong.
RE: Orchidland Mandatory Road Fees Update - Orchidlandowner - 10-03-2017
I Believe if there is a settlement you cannot recoup costs.
RE: Orchidland Mandatory Road Fees Update - kalakoa - 10-03-2017
I believe the cost of wasted time/effort can never be recouped.
Lawyers is not pavement.
RE: Orchidland Mandatory Road Fees Update - My 2 cents - 10-03-2017
A settlement is an "agreement", so if it is agreed that one party pays the other parties attorneys fees in a settlement, that would be allowed. Highly unlikely however. Especially in this case. They have already had several conferences and mediation attempts, with absolutely no meeting of the minds.