Author name: Marc Alexander

SLAPP, Substantiation Of Reasonableness Of Fees: 2/7 DCA Affirms SLAPP Fee Award To Defense Of $23,760 In Fees Out Of A $56,638 Request

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

California Case Again Highlights Differences In Substantiation Required In State Versus Federal Cases.             La Grange v. Ward, Case No. B280997 (2d Dist., Div. 7 May 9, 2018) (unpublished) is an abuse of discretion case regarding the reasonableness of a trial court’s fee award, but it also highlights the differences in fee substantiation required by […]

Employment, Private Attorney General: $996,232.72 Fee Award Under CCP § 1021.5 Was No Abuse Of Discretion Where $227,922.43 Restitutionary Award And Injunction Relief Awarded Under Unfair Competition Law After Bench Trial

Cases: Employment, Cases: Private Attorney General (CCP 1021.5)

Section 1021.5 Elements Were Met In This Case.              In Kane v. Valley Slurry Seal Co., Case No. C079558 (3d Dist. May 8, 2018) (unpublished), plaintiffs in a wage/hour class action prevailed after a bench trial under California’s Unfair Competition Law (UCL). Specifically, plaintiffs prevailed on some claims and the defense prevailed on others, but a

Class Action: N.D. Cal. District Judge Approves $45 Million In Fees/Costs To Class Counsel In Antitrust Lithium Ion Battery Class Action

Cases: Class Actions

$139.3 Million Was The Settlement “Package” Amount.              On May 8, 2018, U.S. District Judge Yvonne Gonzalez Rogers of the Northern District of California, in In re Lithium Ion Batteries Antitrust Litig., Case No. 13-md-02420-YGR (MDL No. 2420) (N.D. Cal.), approved an award of fees and costs to class counsel in the amount of about $45 million

Class Actions: Carlton Fields’ Seventh Annual Class Action Survey Of More Than 400 General Counsel/Legal Officers Shows Increased Class Action Litigation Defense Spending By Responding U.S. Companies

Class Actions, Interesting Survey Results

Study Also Surveyed Most Prevalent Types Of Class Actions, Risk Evaluation Factors, Settlement Percentages, And Use Of Class Action Waiver Arbitration Clauses.                 Carlton Fields has published its seventh annual Class Action Survey, which surveyed more than 400 general counsel and chief legal officers in U.S. companies about class action trends for the 2017 year.

Costs, Section 998: Plaintiff Obtaining Judgment In Landscaping Dispute Did Not Favorably Obtain It For 998 Costs-Shifting Purposes

Cases: Costs, Cases: Section 998

Court-Ordered Mediation Costs Are Discretionary Costs Item For Award Purposes.              Hariri v. Clark, Case No. A149402 (1st Dist., Div. 2 May 8, 2018) (unpublished) is an interesting case showing how a CCP § 998 offer involving largely non-monetary features may not give rise to cost shifting based on the results actually obtained.              What happened

Deadlines, Employment: Maldonado 2/8 DCA Decision Now Published

Cases: Deadlines, Cases: Employment

Confirms That Deadlines To File Fees Motion Extended For Weekends and Holidays.              On April 20, 2018, we posted on Maldonado v. Epsilon Plastics, Inc., Case Nos. B278022/B281129 (2d Dist., Div. 8 Apr. 18, 2018) (unpublished; published May 8, 2018), which decided that a fee motion deadline was extended for a weekend and Holiday which intervened.

Fee Clause Interpretation, Interpleader, Section 1717: Bank Winning Fee Award For Prosecuting Interpleader Cross-Complaint And Successfully Defending Against Plaintiff’s Complaint Reversed And Remanded

Cases: Fee Clause Interpretation, Cases: Interpleader, Cases: Section 1717

Appellate Court Offered Guidance, Including That No Section 1717 Adverse Fee Award On Plaintiff’s Complaint Could Be Granted On Grounds Advanced By Lender.             Plaintiff octogenarian sued her lender on various theories stemming from lender’s failure to disburse timely insurance proceeds covering a fire loss.  In response to plaintiff’s Complaint, Lender filed an interpleader cross-complaint. 

Sanctions:  U.S. Magistrate Judge Issues $10,000 In 28 U.S.C. § 1927 Sanctions Against Class Action Attorney Giving Dishonest Excuse For Not Timely Filing Class Certification Motion

Cases: Sanctions

Instagram And Suspicious Plane Itinerary, Along With Attorney Admission, Led To Imposition Of Sanctions.             When it comes to blowing deadlines which can be cured, counsel should be candid with courts in requesting relief, which can be granted if the circumstances are right.  The next situation, which has drawn quite a bit of publicity, illustrates

Class Action:  N.D. California District Judge Trims Class Action Counsel Payout In Fitbit Heart Rate Tracker Investor Lawsuit

Cases: Class Actions

25% Percentage Of Recovery Too Rich For This Case, Plus District Judge Earlier Required More Detail On Expenses.             Federal district judges are the ultimate gatekeepers on class action settlements, making sure that any settlements are fair to the class and class counsel fees are reasonable in nature.             Fitbit was sued in a class

Equity:  Trial Judge Deciding In Earlier Statement Of Decision There Was A Factual Basis For Attorney’s Fees Improperly Revisited Factual Determination Through Motion To Vacate Judgment Under CCP § 663a

Cases: Equity

This Was Tantamount To Making Improper Additional Findings Of Fact To Earlier Decision.             In a tutorial on the proper use of a motion to vacate judgment under CCP § 663a, Master Plumbing and Sewer, Inc. v. Fountaine West Condominium Owners Assn., Case No. A143711 (1st Dist., Div. 2 May 3, 2018) (unpublished) shows what

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