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Expert Analysis

Inextricably Intertwined Attorneys' Fees: Part 1 — Plaintiffs

Law360, New York (August 11, 2015, 10:31 AM EDT) -- Most plaintiffs attorneys naturally want to pursue as many causes of action as possible on behalf of their client, especially torts, which, depending on the facts, may give rise to punitive damages. Thus, when an action primarily arises from a contract, it is not uncommon to find that additional torts (e.g., intentional misrepresentation or fraud in the inducement) are also pleaded. And then, commonly the torts and the breaches of contract are based on the same set of facts. What plaintiffs counsel may not realize, however, is that by doing so, they may be putting their clients at risk to pay a greater amount of attorneys' fees if the defendant is deemed the prevailing party....

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