April 2014

Social Security: Social Security Disability Claimant Winning Remand Erroneously Denied Attorney’s Fees Under EAJA By District Court

Cases: Social Security

  Government’s Position on Remand Issue Was Not Justified, Such That Later Litigation Position Rulings Were Irrelevant.      In Tobeler v. Colvin, Case No. 12-16392 (9th Cir. Apr. 18, 2014) (published), Social Security disability claimant had obtained a remand because a Social Security administrative law judge (ALJ) had disregarded competent lay witness on claimant’s symptoms […]

Costs: Lower Court Properly Awarded Prevailing Plaintiff Expenses For Computer Illustrations And Correctly Failed To Apportion Certain Expenses Among Other Defendants Not Present At Trial

Cases: Costs

  However, Remand Necessary to Determine if Lower Court Parsed Out Costs of Pretrial Transcripts.      In Hellam v. Crane Co., Case Nos. A1380131/A139141 (1st Dist., Div. 4 Apr. 16, 2014) (unpublished), plaintiff won a sizable asbestos verdict against defendant. The lower court then awarded prevailing plaintiff about $85,000 in routine costs out of a

Bankruptcy: Debtor’s Attorney’s Fees Incurred In Successfully Defending Against Creditor’s Stay Violation On Appeal Are Recoverable As Damages Under 11 U.S.C. § 362(k)(1)

Cases: Bankruptcy Efforts

  Contrast That With Nonrecoverability of Fees For Adversary Proceeding Work Related to Pursuit of Damages From Stay Violation.      The Ninth Circuit in In re Schwartz-Tallard, Case No. 12-60052 (9th Cir. Apr. 16, 2014) (published) dealt with a different issue leading to a different result than that reached in Sternberg v. Johnston, 595 F.3d

Allocation/Section 1717/Substantiating Reasonableness Of Fees: Realtor/Broker Defensing Sellers’ Tort Claims And Winning Broker Compensation Cross-Claim Gets Contractual Fees Against Real Estate Plaintiffs/Sellers

Cases: Allocation, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

  Not Every Attorney Must Attest to Substantiation of Hours in Fee Petition.      In Anelle v. Tran, Case No. G048072 (4th Dist., Div. 3 Apr. 15, 2014) (unpublished), realtor/broker defendants defensed plaintiffs/sellers’ tort claims from a failed real estate transaction and also recovered listing compensation on a cross-claim where the listing agreement did contain

News . . . . Raymond “Shrimp Boy” Chow Will Get Pro Bono Representation And Katherine Jackson/Her Living Children Suffer Adverse Court Costs Award In Case Against AEG Live

In The News

  Free Criminal Representation to Mr. Chow.      As reported by Jeremy B. White and Dan Walter in an April 14, 2014 article in The Fresno Bee, criminal lawyers, including well-known attorney J. Tony Serra (who previously represented Huey Newton and some Black Panthers, as well as known for his vow of poverty), have agreed

Sanctions: Santa Cruz District Attorney’s Office, Hit With $500 Sanctions Under CCP § 177.5, Does Not Get Order Overturned On Appeal

Cases: Sanctions

  One of Our Few Posts Which Might Interest Criminal Practitioners.      This is one of the few posts that might interest criminal practitioners or practitioners who have a mixed criminal/civil practice.      The Santa Cruz District Attorney’s Office in Lee v. Superior Court, Case No. H039380 (6th Dist. Apr. 14, 2014) (unpublished) had a

Arbitration: Post-Arbitration Trial Court Decision Awarding Substantial Attorney’s Fees To Defense Reversed Because Arbitrator Awarded No Fees To Either Side

Cases: Arbitration

  Arbitral Finality Rule Violated, If Trial Court Could Award Arbitration Fees Never Conferred By Arbitrator.      FEHA plaintiff was forced to arbitrate her case, but was “defensed” in the arbitration although the arbitrator did not assess any attorney’s fees or costs against her. However, the defense moved to recover fees and costs, with the

In The News . . . Two Federal Court Of Appeals Decisions Use Different Methods To Fix Attorney’s Fees In Class Actions

Cases: Class Actions, Cases: Lodestar, Cases: Multipliers, In The News

  Third Circuit Sustains Using Percentage of Recovery Method, “Cross Checked” By Lodestar Analysis, In Setting Class Action Counsel Fees.      In Dewey v. Volkswagen of America Inc., Case Nos. 13-1123/1124 (3d Cir. Feb. 12, 2014) (not published/not precedential), the Third Circuit Court of Appeals sustained a $9,207,248 attorney’s fees award to class action counsel

Civil Rights/Multiplier: Plaintiffs’ Attorneys In Fairfield Wrongful Citizens Right Arrest Garner $308,221.80 Fee Award Despite Limited Success In Civil Rights Case

Cases: Civil Rights, Cases: Multipliers

  E.D. Cal. Federal Magistrate Judge Applied 40% Downward Adjustment Based on Limited Success.      Hall v City of Fairfield, Case No. 2:10-cv-0508 DAD (E.D. Cal. Doc. No. 227 Mar. 31, 2014 [order granting attorney’s fees]) is a tutorial on principles governing award of attorney’s fees in the civil rights area under 42 U.S.C. §

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