Author name: Marc Alexander

Family Law, Sanctions: Husband Losing Hiding Marital Asset Appeal Was Going To Have To Pay Attorney’s Fees And Frivolous Appeal Sanctions On Remand, Likely, In Some Amount

Cases: Family Law, Cases: Sanctions

Rub Here Was That Trial Judge Stayed Any Fee Ruling Pending Determination Of Merits Appeal.            Although procedurally different in nature, Marriage of Haghighat, Case No. G054993 (4th Dist., Div. 3 April 17, 2019) (unpublished) demonstrates how family law judges and appellate justices can impose attorney’s fees and frivolous appeal sanctions when a litigant hides marital […]

SLAPP: $352,736.14 SLAPP Fee Award In Favor Of Certain Defendants Affirmed On Appeal

Cases: SLAPP

SLAPP Fee Motion Entertainable During Appeal Of Merits SLAPP Grant.            Plaintiff, a political cartoonist and blogger, sued certain defendants for certain tort claims (including defamation), with defendants successfully SLAPP-ing the case, which carries mandatory fee recovery. Although plaintiff appealed the merits in an earlier appeal, the appellate court concluded that the SLAPP grant was successful.

Civil Rights, Special Fee Shifting Statute: Ninth Circuit Reverses And Remands Close To $1 Million Attorney’s Fees Award Under EAJA Against the Government

Cases: Civil Rights, Cases: Special Fee Shifting Statutes

Problem Was That District Judge Did Not Have Benefit Of Goodyear Tire Decision.             In Lu v. United States of America, Case Nos. 17-55040/17-55087 (9th Cir. April 17, 2019) (published), the federal court of appeals had to grapple with a long-running case involving tort claims involving a Chinese national and asylum officer where substantial compensatory

Class Actions: Carlton Field’s 2019 Eighth Annual Class Action Survey Shows Class Action Spending By Nearly 400 Responding Companies At Record High Since 2008 Recession

Class Actions

Labor/Employment Class Actions Are Most Common, With Over 50% Of Class Actions Settling Before Certification.             Carlton Fields has put out some annual class action surveys with respect to spending and trends by American companies for the last 8 years. Its 2019 (eighth annual) survey is out. We provide a summary of what was reported

Civil Rights: Winning FEHA Plaintiff Recovers $211,795.80 In Attorney’s Fees, Inclusive Of A 1.2 Positive Multiplier On Lodestar Amount. Plus $25,603.73 In Costs

Cases: Civil Rights

Real Life Example Of A Fees/Costs Ruling By A San Mateo Superior Court Judge.           We like to provide real life examples of rulings by California superior court judges where we can. We give a “hat tip” to Robert S. Nelson of Nelson Law Group (San Francisco), who successfully obtained attorney’s fees/costs for his FEHA plaintiff

Prevailing Party, Section 1717: In UCC Case, Plaintiff Only Winning Installation Cost Recovery Rather Than Defective System Recovery Against Contractual Recovery Properly Denied Attorney’s Fees Recovery

Cases: Prevailing Party, Cases: Section 1717

Defendant Gravitated More On The “Winning Side,” Although Mixed Bag For Everyone.            This next case takes us back to law school for co-contributor Mike. He had a great Uniform Commercial Code professor in law school (E. Hunter Taylor, who is a professor emeritus at Rutgers-Camden Law School but is still practicing law in New Jersey),

Bankruptcy Efforts, In The News . . . . Four Outside Bankruptcy Law Firms Seeking Approval Of $84 Million In Fees Since PG&E’s January 2019 Bankruptcy Filings

Cases: Bankruptcy Efforts, In The News

Filings Also Show Hourly Rates Being Claimed.             As reported by NALTA in an April 2, 2019 post, four outside bankruptcy firms have requested approval of around $84 million in fees for work on Pacific Gas & Electric Company’s bankruptcy case, which was filed in January of this year. Based on its summary of public

In The News, Sanctions: Over $1 Million Sanctions Imposed Against Condo Plaintiff And His Lawyer In Cook County Superior Court

Cases: Sanctions, In The News

Sanctions Paid For Fees Incurred By HOA/Condo Board Members And For Increased HOA Insurance Costs.             As reported by Debra Cassens Weiss in an April 8, 2019 post on the ABA Journal (on-line version), a Cook County, Illinois (Chicago) state court judge has sanctioned a condo litigant and his attorney over $1 million in sanctions

Section 1717: Nominal Defendant Corporation Improperly Assessed With Substantial Attorney’s Fees And Costs In Meritless Derivative Action

Cases: Section 1717

4/3 DCA Amended Judgment To Reflect Unsuccessful Shareholder Liable For Fees And Costs Under Contractual Fees Clause; Corporation Dodged $1,357,410 Fee Award And $34,358.90 In Costs.             Here is another case where there was a complete change in fortune on appeal for a corporation sued as a nominal defendant in a derivative action.             In

Private Attorney General: $163,136 Private Attorney General Fee Award To Plaintiff Was Affirmed By Fifth District

Cases: Private Attorney General (CCP 1021.5)

City’s Challenges For Reversal Were Unsuccessful Under Abuse Of Discretion Review.            In City of Bakersfield v. West Park Home Owners Assn. & Friends. Case No. G075834 (5th Dist. April 4, 2019) (unpublished), West Park did achieve partial success in having the lower court find that the use of tax revenues to fund certain road improvement

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