September 2024 – Page 3 – Cal Attorneys Fees

Special Fee Shifting Statute: Where Defendant Voluntarily Compensated Plaintiff After Filing Of Suit, Plaintiff Could Not Claim To Have “Successfully Prosecuted” The Matter For Purposes Of Fees Under The Longshore and Harbor Workers’ Compensation A

September 3, 2024

Catalyst Theory Was Unavailable Under The Fee-Shifting Statute. In Berry v. Air Force Central Welfare Fund, Case No. 23-15551 (9th Cir. Aug. 29, 2024) (published), plaintiff sued to recover disability benefits from defendant under the Longshore and Harbor Workers’ Compensation Act (Longshore Act). After suit was filed, defendant voluntarily paid all the compensation plaintiff […]

Reasonableness Of Fees: Plaintiff Home Designer Winning $64,000 In Compensatory Damages And Defeating Owner’s Unlicensed Contractor Defense/Cross-Claims Was Properly Awarded Prevailing Party Fees Of $1,568,501

Owner Over-litigated The Case, With Fee Awards Not Having To Be Proportionate To A Litigant’s Recovery. Attorney’s fees awards can be substantial, especially where an opposing party over-litigates a case and drives up the prevailing party’s litigation expenses. That is what happened in Zale Design Studio v. Leevan, Case Nos. B324871 (2d Dist., Div.