Westar Energy, Inc. v. Wittig (2010)
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· 51 citation events
across 4 courts.
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Id. (“Even so, we note the court in Western States makes clear that the district court should not ‘simply award the full amount billed’ but clearly had discretion to adjust a contractual award of fees if an award is inequitable or unreasonable.”).
“Even so, we note the court in Western States makes clear that the district court should not ‘simply award the full amount billed’ but clearly had discretion to adjust a contractual award of fees if an award is inequitable or unreasonable.”
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Harder v. Estate of Foster (2020)
App. 2d 182, 206 , 235 P.3d 515, 530 (2010) (citing Johnson v. Westhoff Sand Co., 281 Kan. 930, 940-41 , 135 P.3d 1127 [2006]).
citing Johnson v. Westhoff Sand Co., 281 Kan. 930, 940-41 , 135 P.3d 1127 [2006]
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Harder v. Estate of Foster (2020)
App. 2d 182, 206 , 235 P.3d 515, 530 (2010) (citing Johnson v. Westhoff Sand Co., 281 Kan. 930, 940-41 , 135 P.3d 1127 [2006]).
citing Johnson v. Westhoff Sand Co., 281 Kan. 930, 940-41 , 135 P.3d 1127 [2006]
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Heine v. Bank of Oswego (2015)
For example, in Kaung v. Cole Nat’l Corp., the Delaware Supreme Court held that “an advancement proceeding is summary in nature and not appropriate for litigating indemnification or recoupment.” 884 A.2d 500, 510 (Del.2005); see also Westar Energy, Inc. v. Wittig, 44 Kan.App.2d 182, 235 P.3d 515, 525-26 (2010) (reasoning that “advancement is meant to alleviate an officer from personally providing the enormous resources required to litigate against corporate charges. ...
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Ross-Williams v. Bennett (2018)
See Westar Energy, Inc. v. Wittig , 44 Kan.
Co., 276 Kan. 97, 111 , 73 P.3d 120 (2003) (court will not strain to find ambiguity where in common sense, there is none); Investcorp, 267 Kan. at 848 ; see also Westar Energy, Inc. v. Wittig, 44 Kan.
if contract, read as a whole, is unambiguous, court will not consider conduct of parties