Virginia Supreme Court Recognizes Exception to American Rule For Covenants Not to Sue

Under what is referred to as the “American Rule,” successful litigants in state and federal courts in the United States generally cannot recover their attorney’s fees and expenses from their opponents. Unless there is either a statute providing for recovery of attorney’s fees by a prevailing party or a contract between the parties providing for recovery of attorney’s fees, a winning party in a lawsuit must pay its own lawyer....
By: Rosenberg Martin Greenberg LLP

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