Chapter 20 Attorney Fees and Interest

Index

Section 1 Introduction and Scope
Section 2 American Rule
Section 3 Modern Trend Toward Fee Shifting
Section 4 Fees Only Awarded to Prevailing Party
Section 5 Missouri Exceptions to the General Rule: Recovery of Attorney Fees Allowed
Section 6 Attorney Fees Provided for by Contract
Section 7 Attorney Fees Provided for by Statute
Section 8 General Rules Relating to Application of Statutory Fee-Shifting Provisions
Section 9 Missouri Vexatious Refusal Statutes
Section 10 Missouri Declaratory Judgment Law
Section 11 Administrative Agency Litigation
Section 12 Other Missouri Fee-Shifting Statutes
Section 13 Generally
Section 14 Formal Litigation
Section 15 Separate Proceedings
Section 16 Third Party
Section 17 Other Requirements
Section 18 Illustrative Cases
Section 19 Attorney Fees in Equity Cases
Section 20 Common Fund Doctrine
Section 21 “Balancing the Benefits
Section 22 “Unusual Circumstances”
Section 23 “Where Equity Requires”
Section 24 Attorney Fees as Litigation Sanctions
Section 25 Other Exceptions to the American Rule
Section 26 Civil Contempt Exception
Section 27 Abandonment of Condemnation
Section 28 Injunction Bonds
Section 29 Pleading
Section 30 Who Determines Attorney Fees—
Section 31 Necessity for Offering Evidence Substantiating Attorney Fee Amounts
Section 32 Cases Holding Proof Required
Section 33 Cases Holding No Proof Required
Section 34 General Proof Requirements When Evidence Substantiating Attorney Fees Is Required
Section 35 Fees During Trial
Section 36 Fees Posttrial
Section 37 Specific Fee Amount Specified by Contract
Section 38 Allocation of Attorney Fees Among Different Claims
Section 39 Reasonable Fee Analysis
Section 40 Variations on Reasonable Fee Analysis
Section 41 Items Recoverable as Attorney Fees
Section 42 Record on Appeal
Section 43 Appellate Standard of Review of Attorney Fee Awards
Section 44 Determination of Attorney Fee Amount by Court of Appeals
Section 45 Fees Associated With Representation on Appeal
Section 46 Enforcement of Attorney Fee Awards
Section 47 Attorney Fee Recovery in Federal Courts: Overview
Section 48 Attorney Fee Recovery in Diversity Cases
Section 49 Attorney Fee Recovery in Nondiversity Cases
Section 50 Attorney Fees Provided for by Contract
Section 51 Attorney Fees Provided for by Statute
Section 52 Attorney Fees in Equity Cases
Section 53 Attorney Fees as Litigation Sanctions
Section 54 Civil Contempt Exception
Section 55 Bad Faith Exception
Section 56 Pleading Requirements
Section 57 Who Determines Attorney Fees—
Section 58 Amount Recoverable
Section 59 Effect of Appeal
Section 60 Recovery of Prejudgment Interest in Missouri Litigation
Section 61 Recovery of Prejudgment Interest at Contractually Agreed Rate
Section 62 Recovery of Prejudgment Interest Under
Section 63 Applicability of
Section 64 Date of Accrual; Necessity for Demand
Section 65 Requirement That Principal Amount Be “Liquidated”
Section 66 Compounding of Prejudgment Interest
Section 67 Judicial Discretion With Respect to Awarding of Prejudgment Interest
Section 68 Recovery of Prejudgment Interest Under Other Statutes
Section 69 Recovery of Prejudgment Interest in Equity Actions
Section 70 Demanding Prejudgment Interest
Section 71 Defeating Prejudgment Interest Through Tender
Section 72 Pleading Prejudgment Interest
Section 73 Who Determines Prejudgment Interest—
Section 74 Jury Instructions
Section 75 Appeal of Prejudgment Interest Award
Section 76 Interest Expense as Consequential Damage
Section 77 Prejudgment Interest on Tort Claims Triggered by Settlement Demand Under
Section 78 Effect of Tort Reform on Recovery of Prejudgment Interest in Tort Cases Under
Section 79 Application of Prejudgment Interest in Tort Cases Under
Section 80 Substantive Issues
Section 81 Procedural Issues
Section 82 Choice of Law
Section 83 Recoverability Generally
Section 84 Rate of Interest
Section 85 Pleading
Section 86 Who Determines Prejudgment Interest—Judge or Jury?
Section 87 Judgment and Appeal
Section 88 Recovery of Postjudgment Interest in Missouri Litigation
Section 89 Applicability
Section 90 Rate
Section 91 Time Interest Commences
Section 92 Postjudgment Interest in Actions Against Public Entities
Section 93 Effect of Appeal on Postjudgment Interest
Section 94 Foreign Judgments
Section 95 Generally
Section 96 Applicability
Section 97 Operation
Section 98 Rate
Section 99 Effect of Appeal