District Judge Disregarded AI Computation On Hourly Rates. Okay, everyone following our blog, we have our first Artificial Intelligence (AI) case on a fee motion. In J.G. v. New York City Dept. of Education, No. 23 Civ. 949 (PAE), S.D.N.Y. (Doc. 32, 2/22/2024), the district court was considering a fee request to a […]
Under Civil Code Section 1717, Lack of Recital Saying Contract Was Negotiated/Executed With Counsel Representation Kept The Clause From Applying Narrowly, With The Matter Remanded For Purposes Of Determining If Plaintiff Was The Prevailing Party For Fees Even Though Plaintiff Did Not Pursue Routine Costs Recovery. In Andrade v. Western Riverside Council of Governments,
Epic Games Claims Antitrust Fees Not Recoverable, Contractual Breach Claims Not Segregated So As To Be Recoverable, And “Fees On Fees” Not Recoverable Due To A Failure To Meet And Confer Before Filing Of The Substantial Fee Request. In Epic Games, Inc. v. Apple Inc., Case No. 4-20-CV-05640-YGR-TSH (N.D. Cal., Doc. No 886, dated
Trial Court Violated Rules Of Court, Rule 3.1702, By Shortening Deadline For Plaintiff To File His Attorney’s Fee Motion. In Javidian v. Subaru of America, Case No. B322136 (2d Dist., Div. 4 February 16, 2024) (unpublished), Song-Beverly Plaintiff and Defendant reached a verbal settlement through mediation – with the parties agreeing the terms would
Plaintiff Was Unable to Collect Arbitration Award For Violations Of The Consumers Legal Remedies Act, Leading Her To Successfully Seek Summary Judgment Against Surety Under Veh. Code Section 11711 For Dealership’s Fraudulent Representation In Gonzalez v. Hudson Insurance Co., Case Nos. D080166/D081686 (4th Dist., Div. 1 February 13, 2024) (unpublished), auto dealer sold a
Because The Fees Provision In The Parties’ Settlement Agreement Did Not Address Fees Incurred Post-Settlement, Plaintiffs Were Entitled To Recovery Under Section 1194, But Only As To Fees Incurred In Conducting Discovery And Litigating To Trial, Not In Enforcing The Settlement Agreement. In Lorta v. Bishop, Case No. G062166 (4th Dist., Div. 3
Plaintiff’s Financial Incentive, That Far Outweighed The Incurred Costs Of Litigation, Warranted Denial Of Fees, And Plaintiff’s Analysis of Heron Bay Did Not Change That Factor. Recovery of attorney fees under California’s private attorney general doctrine, codified at CCP § 1021.5, is reserved for “litigants and attorneys who step forward to engage in public
Prevailing FEHA Defendant Must Bring A Motion To Obtain Discretionary Costs Because Losing Plaintiff’s Case Must Be Shown To Be Objectively Frivolous In Nature. On January 15, 2024, we posted on Neeble-Diamond v. Hotel California by the Sea, LLC, Case No. G061425, which was issued on January 11, 2024 as an unpublished opinion. We
That Factor, Combined With Holding Down Expenses, Led To More Profits Also. Wells Fargo’s Legal Specialty Group, after surveying more than 130 U.S. big firms inclusive of 70 of the top 100 highest grossing U.S. firms, has reported that for 2023, these firms increased billable hourly rates by 8.3% over 2022 rates. That led
Insured Did Vindicate Important Rights For California Insureds By Obtaining Published Affirmance Of An Insured’s Right To Videotape Insurer’s Participants In An EUO. In Myasnyankin v. Nationwide Mutual Ins. Co., Case No. A166946 (1st Dist., Div. 5 Jan. 30, 2024) (partially published), by a 2-1 vote, the appellate court affirmed a lower court’s determination
