Legal Opinion

United Industries, Inc. v. Simon-Hartley, Ltd.

Court of Appeals for the Fifth Circuit

Decided August 15, 1996No. 95-30898PublishedCited by 56 opinions

1Opinion of the Court

BENAVIDES, Circuit Judge:

United Industries, Inc. (“United”) appeals from a denial of attorneys’ fees. Because United failed to comply with the procedural requirements for making such a fee request, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In May 1989, United sued appellee Simon-Hartley, Ltd. seeking reformation of a license agreement. The license agreement included a choice of law provision that “this agreement shall be interpreted and the rights of the parties determined in accordance with English law.” United’s complaint did not include a request for attorneys’ fees. It did, however,…

2Cases cited12 opinions

  1. Sheldon Engel v. Teleprompter CorporationCourt of Appeals for the Fifth Circuit · 1984
  2. First Nationwide Bank, a Federal Savings Bank v. Summer House Joint VentureCourt of Appeals for the First Circuit · 1990
  3. Bickford v. International Speedway Corp.Court of Appeals for the Fifth Circuit · 1981
  4. Maidmore Realty Co., Inc. v. Maidmore Realty Co., Inc. (Defendant in the Cross-Complaint). Appeal of National Bank of North AmericaCourt of Appeals for the Third Circuit · 1973
  5. The Western Casualty and Surety Company, a Corporation v. Southwestern Bell, Telephone Company, a CorporationCourt of Appeals for the Eighth Circuit · 1968

7 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Botosan v. FitzhughDistrict Court, S.D. California · 1998
  2. United States v. 14301 Gateway Boulevard WestCourt of Appeals for the Fifth Circuit · 1997
  3. Charlie Y., Inc. v. Carey (In Re Carey)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  4. Romaguera v. GegenheimerCourt of Appeals for the Fifth Circuit · 1998
  5. United States v. All Meat & Poultry Products Stored at Lagrou Cold StorageDistrict Court, N.D. Illinois · 2007

51 more not listed; retrieve them via the Exa API.

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