Breach of a Covenant Not to Sue to Entail Liability for Attorney’s Fees
By EsqSocial Corporation 17/06/21
The decision for prospective litigants to bring and defend lawsuits can be difficult to navigate given the uncertainty of costs, especially attorney’s fees. Contrary to popular assumption, in Virginia, the general rule for recovery of attorney’s fees is that each side bears its own costs. Termed the “American Rule,” unless a specific contract or statute provides otherwise, attorney’s fees are not recoverable by the prevailing litigant. Virginia recognizes other limited exceptions to the American...
By: Sands Anderson PC