A New Boost for the Rights of Creditors: Court Rules Third Party Litigation Expenses May Be Recovered as Contract Damages

April 3, 2018 | Categories: Firm News, Publications | Topics:Tags: Creditors Rights, Rights of Creditors, Wisconsin Court of Appeals, Zach S. Whitney

Unless a statute or contract provides otherwise, a party to a lawsuit is responsible for its own litigation expenses, including attorneys’ fees. This is known as the “American rule.” It contrasts with the “English rule,” under which the losing party pays the prevailing party’s costs and attorneys’ fees. As its name suggests, the American rule […]