Topic: here a defendant seeks to settle its total liability on a c… · Go Syfert
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Topic #3865

2 canonical passages across 2 cases, quoted by 6 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Betty J. Ashley v. Atlantic Richfield Company.

#Case FlagCanonical passage Citers
1 Betty J. Ashley v. Atlantic Richfield Company Anchor
ca3 · 1986
green “here a defendant seeks to settle its total liability on a claim, it shall be incumbent upon the defendant to secure an express waiver of attorney's fees. silence will not suffice.” 3
2 Donald H. Wakefield and Barry J. Smith v. Harold E. Mathews
ca9 · 1988
green “we are in full agreement with the third circuit's resolution of both the el club del barrio and ashley cases. waiver of attorney's fees should not be presumed from a silent record.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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