Second District, Division 8 Sustains Family Law Commissioner Across the Board. Well, ex-husband in the next one—who lost an attempt to have custody of his children shifted from his ex-wife—was hit with an order directing him to pay past arrearages to wife for attorney’s fees awards as well as hit with an additional award […]
Appellants’ Attorneys Are Reprimanded or Face 6-Month Suspensions from Ninth Circuit Practice. Quite a lot of news was generated about a dismissed case brought by some Nicaraguan plaintiffs about Dow Chemical relating to use of DBCP on banana plantations in Nicaragua. Nicaraguan plaintiffs appealed, with an appointed special master finding that monetary sanctions
First District, Division Two Nixes $450,000-Plus Fee Request of Widow. Aside from the fact that it involved an arbitration between the survivors of music legend Jerry Garcia, we knew this one would be good when the arbitrator started out his decision denying attorney’s fees to the widow this way: “On the issue of
Beach Boys Ninth Circuit Memorandum Affirmance. Well, on this one, founding Beach Boy Mike Love appealed an award of attorney’s fees to Sanctuary Records Group after he lost a right to publicity dispute governed by English law that does not recognize such a right. In Love v. Sanctuary Records Group, Ltd., Case Nos. 08-55035/08-55973
D.C. Court of Appeals So Rules in Two Cases. Two and a half years ago, Congress enacted the Open Government Act, making it easier for plaintiffs to recover attorney’s fees in Freedom of Information Act (FOIA) lawsuits. Prior to the new Act, only FOIA plaintiffs actually awarded relief could recover fees. However, the Open
Fourth District, Division 3 Emphatically Makes the Point. Roden v. Amerisourcebergen Corp., Case No. G041990 (4th Dist., Div. 3 July 8, 2010) (certified for publication) involved a plaintiff who was disappointed in being denied an award of attorney’s fees under a supplemental executive retirement plan (with ERISA implications) after prevailing on some aspects of
Division 7 Seems To Favor Trial Proof Method Over Post-Judgment Costs Hearing Approach in Unpublished Decision. On June 23, 2010, we reported on Thrifty Payless, Inc. v. Mariners Mile Gateway, LLC, __ Cal.App.4th __, 2010 WL 2473831 (4th Dist., Div. 3 June 21, 2010), where a panel of the Fourth District, Division 3
First District, Division Two Finds Fee Motion Timely and Fee Award Reasonable in Amount. In Cun v. Café Tiramisu, Case No. A124985 (1st Dist., Div. 2 July 7, 2010) (unpublished), plaintiff ex-employee lost a superior court FLSA action following a de novo Labor Commissioner hearing in which she claimed to have not been paid
Second District, Division 8, in Opinions by Justice Flier, Affirms Two Fee Awards, One For Appellate Work In a Civil Case and One in an Arbitration Context. #1: Moore v. Pro Value Properties, Inc., Case No. B216061 (2d Dist., Div. 8 July 6, 2010) (unpublished) In pro per plaintiffs/appellants challenged a $120,360.75 fee award
. . . But The Fees Must Be Requested Before the WCAB or Through Appellate Writ, Not Through Superior Court Civil Proceedings. Here is one of the rare appellate cases we review in the workers’ compensation area of the law. In Koszdin v. State Compensation Ins. Fund, Case No. B214481 (2d Dist., Div.
