Joopsman

Sued by Cavalry in Oregon - considering JAMS arb

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Quick question about the mutual release agreement.  This wording was contained in the release:  "__JDB__ shall be entitled to an award of attorneys’ fees in any action commenced to enforce this Release or any provision therein."  Please tell me that refers only to any action required to enforce the provisions of the release and is not an award of the attorney's fees for the preparation and filing of the dismissal.  Thank you!

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9 hours ago, Joopsman said:

Quick question about the mutual release agreement.  This wording was contained in the release:  "__JDB__ shall be entitled to an award of attorneys’ fees in any action commenced to enforce this Release or any provision therein."  Please tell me that refers only to any action required to enforce the provisions of the release and is not an award of the attorney's fees for the preparation and filing of the dismissal.  Thank you!

That's the way it reads to me.  Attorney fees would only be awarded if the agreement or a provision in it had to be enforced.

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12 hours ago, BV80 said:

That's the way it reads to me.  Attorney fees would only be awarded if the agreement or a provision in it had to be enforced.

The use of the word "enforce" would imply that.  You wouldn't "enforce" a dismissal that you are preparing and filing.  Thank you!

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On 8/2/2018 at 1:02 PM, Joopsman said:

Quick question about the mutual release agreement.  This wording was contained in the release:  "__JDB__ shall be entitled to an award of attorneys’ fees in any action commenced to enforce this Release or any provision therein."  Please tell me that refers only to any action required to enforce the provisions of the release and is not an award of the attorney's fees for the preparation and filing of the dismissal.  Thank you!

It looks like standard settlement agreement language. Usually when I see this, I make sure they change it to say BOTH parties shall be entitled to attorney fees if the agreement must be enforced ni court.  But either way, it is just as it reads, regarding enforcement of the settlement agreement only.

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