作者
Theodore Eisenberg, Talia Fisher, Issi Rosen-Zvi
发表日期
2014/6/1
期刊
University of Pennsylvania Law Review
页码范围
1619-1661
出版商
students of the University of Pennsylvania Law School
简介
Attorneys' fees fuel litigation, yet little is known about fees. Fee data are rarely available in the United States or in English rule, loser-pays jurisdictions. This Article analyzes fee awards in Israel, which vests judges with discretion to award fees, with loser pays operating as a norm. The 2641 cases studied constitute nearly all cases terminated by judgment in district courts in 2005, 2006, 2011, and 2012. Given many fee denials and fees that are well below client payments to attorneys when awarded, the Israeli fee system could reasonably be characterized as being more American than English. Moreover, judges use their discretion in a manner that reflects redistributive sensitivity. Fees were awarded to prevailing parties in 72.8% of cases. Judges often exercised their discretion to protect losing litigants, especially individuals, from having to pay fees. In tort cases won by individuals against corporate defendants …
引用总数
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学术搜索中的文章
T Eisenberg, T Fisher, I Rosen-Zvi - University of Pennsylvania Law Review, 2014