Plaintiff Gets Hits With WA State Anti-SLAPP Fees For Losing Civil Rights Case.
Stopping for a cup of coffee. 1943. John Vachon, photographer. Library of Congress.
In DiBiasi v. Starbucks Corp., No. 12-35583 (9th Cir. Sept. 11, 2014) (unpublished memorandum decision), the Ninth Circuit affirmed a $156,797.62 fee and $18,319.79 costs awards granted to Starbucks in a civil rights plaintiff case under Washington’s anti-SLAPP statute. Plaintiff’s claims stemmed from allegations that a Starbuck’s employee and a sheriff’s deputy claimed that plaintiff masturbated in front of the coffee’s drive-through window leading to plaintiff’s arrest.
Out of Venue Counsel in Arizona Civil Rights Case Get Higher Hourly Rates.
De Melendres v. Maricopa County, Case No. CV-07-02513-PHX-GMS (D. Ariz. Sept. 11, 2014, Doc. No. 742) involved plaintiffs’ request for attorney’s fees in an Arizona district court civil rights case where out-of-venue counsel wanted higher hourly rates. In this one, higher hourly rates were awarded because California counsel was necessary outside of Maricopa County, Arizona. Based on a showing that the rates were justified, the district court granted the higher rates (Northern California) based on the circumstances of representation of this particular case—which does give some clues on how to get higher hourly rates.