[DOWNLOAD] "Menke v. Monchecourt" by United States Court of Appeals for the Seventh Circuit " eBook PDF Kindle ePub Free

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eBook details

• Title: Menke v. Monchecourt
• Author : United States Court of Appeals for the Seventh Circuit
• Release Date : January 01, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

MANION, Circuit Judge. Vanessa Menke commenced this action in the district court to confirm an arbitration award in the amount of $67,420 entered against her broker, Eric Monchecourt. Monchecourt intentionally evaded service of the summons, forcing Menke to use a private process server and an attorney. Service was eventually accomplished, and the district court confirmed the award. As part of its judgment, the court awarded Menke, as costs pursuant to Fed. R. Civ. P. 4(c)(2)(D), her out-of-pocket expenses in retaining the process server, but refused to include an award of the additional attorneys' fees Menke incurred as a result of Monchecourt's intentional evasion of service. The district court also refused Menke's request for additional attorneys' fees incurred in bringing the action for confirmation. Monchecourt appealed the district court's confirmation, and Menke cross-appealed the district court's denial of attorneys' fees. We dismissed Monchecourt's appeal pursuant to Fed. R. App. P. 42(b), and are now left with Menke's cross-appeal. For the following reasons, we affirm. I.

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