Other states take a different view, however, focusing instead on what outcome could reasonably be expected from a dishonest employee's behavior and inferring manifest intent from such conduct. This is a broader standard which your bank might find more favorable. Thus, the importance of selecting a forum that will apply a choice of law analysis that will result in the application of a favorable state law is crucial. Aside from choice of law, there are other factors to consider in selecting a proper forum. For example, whether attorneys fees are recoverable should be a key consideration in any forum choice.
Several states provide for the award of attorneys fees by statute under specific circumstances.
Other states award attorneys fees as a penalty for an insurance company's breach of its contractual obligations. However, the desire for speed and efficiency should not override the desire to obtain a favorable ruling, since a good ruling that takes time is certainly better than an adverse one that comes quickly. Rules of Civil Procedure and Evidence Different states also impose different procedural requirements and evidentiary rules as well. Procedural rules ranging from filing fees and the timing of motions and appeals to statutes of limitations can all play a major role in how one's case is determined. Likewise, rules concerning what evidence is admissible and under what circumstances are also crucial to one's case.