In determining the amount of a cost or an attorney's fee award pursuant to subsection (2) of section 25-824, the court shall exercise its sound discretion. When granting an award of costs and attorney's fees, the court shall specifically set forth the reasons for such award and shall, in determining whether to assess attorney's fees and costs and the amount to be assessed against offending attorneys and parties, consider the following factors, including, but not limited to: (1) The extent to which any effort was made to determine the validity of any action or claim before the action was asserted; (2) the extent of any effort made after the commencement of an action to reduce the number of claims or defenses being asserted or to dismiss claims or defenses that have been found not to be valid; (3) the availability of facts to assist the party to determine the validity of a claim or defense; (4) the relative financial position of the parties involved; (5) whether or not the action was prosecuted or defended in whole or in part in bad faith; (6) whether or not issues of fact, determinative of the validity of a party's claim or defense, were reasonably in conflict; (7) the extent to which the party prevailed with respect to the amount of and number of claims in controversy; (8) the amount or conditions of any offer of judgment or settlement in relation to the amount or conditions of the ultimate relief granted by the court; (9) the extent to which a reasonable effort was made to determine prior to the time of filing of a claim that all parties sued or joined were proper parties owing a legally defined duty to the plaintiff or defendant; and (10) the extent of any effort made after the commencement of an action to reduce the number of parties in the action.
Notes of Decisions
McGill Restoration v. Lion Place Condo. Assn., 309 Neb. 202 (Neb. 2021).
· cites it 6× “In determining whether to assess attorney fees and costs and the amount to be assessed against offending attorneys and parties, the court considers a number of factors, including, but not limited to, the 10 factors listed in Neb. Rev. Stat. § 25-824.01 (Reissue 2016).”
Cisneros v. Graham, 881 N.W.2d 878 (Neb. 2016).
· cites it 2× “With respect to an award of attorney fees pursuant to § 25-824 and Neb. Rev. Stat. § 25-824.01 (Reissue 2008), we have stated: Attorney fees can be awarded when a party brings a frivolous action that is without rational argument based on law and evidence.”
Berger v. Dempsey-Cook (In Re Guardianship of Aimee S.), 26 Neb. Ct. App. 380 (Neb. Ct. App. 2018).
· cites it 4× “In determining whether to assess attorney fees and costs and the amount to be assessed against offending attorneys and parties, the court considers a number of factors, including, but not limited to, the 10 factors listed in § 25-824.”
Cedars Corp. v. Sun Valley Dev. Co., 573 N.W.2d 467 (Neb. 1998).
· cites it 4× “Neb. Rev. Stat § 25-824.01 (Reissue 1995) lists factors that a court shall consider when granting an award of attorney fees pursuant to § 25-824(2) and in determining the amount to be assessed against offending attorneys and parties.”
Trausch v. Hagemeier, 313 Neb. 538 (Neb. 2023).
· cites it 3× “Applying § 25-824(2) and Neb. Rev. Stat. § 25-824.01 (Reissue 2016), the district court found that the Trausches’ action was frivolous, willful, in bad faith, and vex- atious; that the Trausches and their counsel failed to respond to requests to resolve the matter; and that…”
Seldin v. Est. of Silverman, 305 Neb. 185 (Neb. 2020).
· cites it 2× “In determining the amount of a cost or attorney fee award under § 25-824(2), Neb. Rev. Stat. § 25-824.01 (Reissue 2016) states that “the court shall exercise its sound discretion.”
Lutheran Med. Ctr. v. City of Omaha, 429 N.W.2d 347 (Neb. 1988).
· cites it 4× “Section 25-824(5) states that “[n]o attorney’s fees or costs shall be assessed if a claim or defense was asserted by an attorney or party in a good faith attempt to establish a new theory of law in this state____” *811 Neb. Rev. Stat. § 25-824.01 (Cum. Supp. 1988) provides: In…”
In re Guardianship of Brydon P., 286 Neb. 661 (Neb. 2013).
· cites it 2× “And even if she were entitled to attorney fees under In re Guardianship of Bremer, we held that the attorney fees were to be assessed against the ward’s estate.”
Baltensperger v. United States Dep't of Agric., 548 N.W.2d 733 (Neb. 1996).
· cites it 3× “The grant of attorney fees is subject to the discretion of the court upon consideration of such factors as provided by Neb. Rev. Stat. § 25-824.01 (Reissue 1995) .”
US West Commc'ns, Inc. v. Taborski, 572 N.W.2d 81 (Neb. 1998).
· cites it 2× “We recognize that Neb. Rev. Stat. § 25-824.01 (Reissue 1995) specifies a number of factors to be considered in determining the amount of an attorney fee to be awarded under § 25-824(2) which have no direct application to the determination of a reasonable fee under § 48-125.”
Nebraska Pub. Employees Local No. 251 v. City of Omaha, 506 N.W.2d 686 (Neb. 1993).
· cites it 2× “When granting an award of costs and attorney’s fees, the court shall specifically set forth the reasons for such award and shall, in determining whether to assess attorney’s fees and costs and the amount to be assessed against offending attorneys and parties, consider the…”
Daily v. Bd. of Educ. of Morrill Sch. Dist., 588 N.W.2d 813 (Neb. 1999).
· cites it 2× “Thus, there is no basis to conclude that the board erroneously relied upon hearsay evidence to support its findings in violation of Daily's due process rights.”
— Neb. Rev. Stat. § 25-824.01(1) — 3 cases
Berger v. Dempsey-Cook (In Re Guardianship of Aimee S.), 26 Neb. Ct. App. 380 (Neb. Ct. App. 2018).
“In determining whether to assess attorney fees and costs and the amount to be assessed against offending attorneys and parties, the court considers a number of factors, including, but not limited to, the 10 factors listed in § 25-824.”
Baltensperger v. United States Dep't of Agric., 548 N.W.2d 733 (Neb. 1996).
“The grant of attorney fees is subject to the discretion of the court upon consideration of such factors as provided by Neb. Rev. Stat. § 25-824.01 (Reissue 1995) .”
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