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March 3, 2015

Pardalis & Nohavicka Maritime Law Update: Prevailing Party Must Calculate Marine Contract Attorneys' Fees Using Lodestar Method, Not Contingency

TJD International breached two shipping contracts it entered into with Mediterranean Shipping Company.  MSC sued TJD on the admiralty side of the Southern District of New York and got a judgment on default. The marine contracts provided for attorneys' fees to the prevailing party.  The MS attorneys attempted to recover on their contingency agreement with MSC. The court ruled, however, it was reasonable to use the "lodestar" method for determining the fees, which Mediterranean Shipping had sought on an "alternative" basis.

Mediterranean Shipping Company (USA) Inc. v. TJD International Inc.
https://scholar.google.com/scholar_case?case=1093183112100840121&hl=en&as_sdt=6&as_vis=1&oi=scholarr

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