Author name: Marc Alexander

Fee Clause Interpretation: Joint Tenant Liable For $237,080 In Attorney’s Fees Where Another Joint Tenant Obtained $210,750 In Compensatory Dmgs. To Lease Premises Where Both Parties Signed Lease, And Contribution Rights Were Involved to Landlord

Cases: Fee Clause Interpretation

Narrow Lease Clause Applying Broadly To “Any Party” Encompassed Fee Exposure With Respect To Actions Between Joint Tenants.            Sometimes small words make a difference in the interpretation of the scope of an attorney’s fees provision. In this instance, the words “any party” opened the door to fee exposure in a controversy between joint tenants with […]

In The News . . . . Engle Progeny Litigation Comes To An End After Nine Years, With Two Lead Firms Agreeing To Pay $4.3 Million In Sanctions For Filing Frivolous Suits

In The News

Four Florida Judges Relieved That The Final Chapter Has Come To A Close.             This next story is truly a saga stemming out of the Florida “Engle progeny litigation,” as reported in a July 25, 2018 Reuters post by Alison Frankel which we now summarize.             The Engle progeny litigation stemmed from a long-ago Florida

Prevailing Party, Special Fee Shifting Statute: Third District, In Writ Proceeding, Determines California Public Records Act Plaintiffs Prevailed, Reversing Determination Otherwise By Lower Court

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

Petitioners Did Prevail Because Their Actions Motivated A Water District To Disclose Previously Withheld Records.             Writ relief does not happen often, but plaintiffs seeing that the lower court was against them sought it and were awarded by the Third District in Harrell & Gifford v. Superior Court (Hornbrook Community Services Dist.), Case Nos. C085484/C085606

Intellectual Property: Federal Circuit, In Divided En Banc Decision, Decides That Disappointed Patent Applicant Under Patent Act § 145 Does Not Have To Pay Attorney’s Fees In Order To Challenge Examiner Rejection In District Court

Cases: Intellectual Property

Majority Found No Overt Congressional Expression To Cover Fees, While Dissenting Faction Found “Expenses” Meant All Expenses Inclusive Of Attorney’s Fees.             In Nantkwest, Inc. v. Iancu, 2016-1794 (Fed. Cir., en banc, July 27, 2018) (precedential), the Federal Circuit considered the question of whether attorney’s fees were recoverable under a federal statute applicable to “all

Special Fee Shifting Statute: LandWatch Opinion, Awarding Administrative Record Preparation Expenses To Agency In CEQA Case, Now Published

Cases: Special Fee Shifting Statutes

June 28, 2018 Unpublished Decision Now Published.             In a June 28, 2018 post, we discussed the LandWatch San Luis Obispo Co. v. Cambria Comm. Serv. Dist., Case No. B281823 (2d Dist., Div. 6) which was an unpublished opinion where the appellate court affirmed a costs award to a public agency to prepare an administrative

Indemnity: Public Agency Prevailing Against Landowner Properly Denied Attorney’s Fees Under A Land Use Application Indemnification Clause Because The Parties And Others Were Litigating The Validity Of Indemnity Agreement In A Separate Action

Cases: Indemnity

Lower Court Properly Denied The Agency’s Motion Without Prejudice To Pursuing Recovery As Damages In The Separate Action.             A landowner lost an administrative writ against a public agency for allegedly improperly denying a land use annexation application, although two annexation applications actually were involved. The hitch was that the land use applications had an

Fee Clause Interpretation: Plaintiff Recovering $1.3M Jury Verdict On Premises Liability Claim Against State Of Cal. Not Entitled To $1.2M In Requested Fees Based On Lease Clause As Claim Did Not Arise “Out Of The Execution Of The [Rental] Agreement”

Cases: Fee Clause Interpretation

Plaintiff Never Mentioned Lease Or Fee Recovery In The Premises Liability Suit Until After The Jury Win, With Appellate Court Agreeing With Trial Court’s Construction Of The Fees Clause.             We get the feeling that the 1/2 DCA in Wright v. State of California, Case No. A150165 (1st Dist., Div. 2 July 27, 2018) (unpublished)

In The News . . . . Tiered-Class Action Counsel Payment Methodology Was Proper And Gave Proper Award For A Risky Case

In The News

Seventh Circuit So Decides, Also Resolving Appealability Issue And Rejecting That An Objector Should Be Awarded Fees.             In Birchmeier v. Caribbean Cruise Line, Inc., Nos. 17-1626 et al. (7th Cir. July 24, 2018) (published), the Seventh Circuit was reviewing the propriety of awarding class counsel fees on a “sliding scale” approach by which it

Arbitration, Sanctions: After Compelling Arbitration And Then Failing To Pursue It, Fitbit And Its Litigation Attorneys Liable For Bad-Faith Sanctions In Heart-Tracking Devise Action

Cases: Arbitration, Cases: Sanctions

Fitbit Did Finally Agree To Arbitrate, But Only After District Judge Expressed Concerns Over Its Litigation Conduct, Which Will Result In Some Amount Of Sanctions And Other Prospective Actions Ordered By District Judge.             Arbitration frequently is invoked by defendants because of the perception that it is more user friendly in many types of cases,

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