Author name: Marc Alexander

Intellectual Property:  Federal Circuit Agrees That Octane Fitness Standards Apply To Determining “Exceptional” Fee Awards Under Lanham Act

Cases: Intellectual Property

Federal Circuit Is Aligned With Third, Fourth, Fifth, Sixth, and Ninth Circuits On This Issue.             In our October 24, 2016 post, we discussed the Ninth Circuit’s decision in SunEarth, Inc. v. Sun Earth Solar Power Co., 839 F.3d 1179 (9th Cir. Oct. 24, 2016) (per curiam), which held that attorney’s fees awards under Lanham Act’s “exceptional” […]

Fees On Fees:  Trial Court Did Not Abuse Its Discretion In Not Reducing Fees On Fees Request For Lack Of Success

Cases: Fees on Fees

Long-Time Class Action Battle May Be Ended, Appropriately On Fee Issues.               In a long-running class action dispute which the appellate court characterized as rivaling Jarndyce and Jarndyce (Dickens’ Bleak House case which ran on for years and drained most litigants’ resources), the 2/5 DCA likely put an end to class action litigation in

Partition/Section 1717:  $81,700.50 Fee Award To Partitioning Litigant Reversed Based On Fee Clause In Prior Settlement Agreement

Cases: Partition, Cases: Section 1717

However, Matter Remanded To Examine If Litigant Entitled To Fees Under Partition Fee-Shifting Provisions.             Orien v. Lutz, Case No. B277323 (2d Dist., Div. 8 Nov. 3, 2017) (published) is a situation demonstrating how contractual fee provisions, interpreted de novo, can lead to reversal of a fee award.  However, the victory may not be complete

Private Attorney General:  $648,512.75 Fee Award Under CCP § 1021.5 Is Reversed Where Prior Writ Of Mandate By Plaintiff Was Reversed

Uncategorized

However, Matter Remanded To See If Fees Justified Under Catalyst Theory.             In The Kennedy Commission v. City of Huntington Beach, Case No. E066605 (4th Dist., Div. 2 Oct. 31, 2017) (unpublished), plaintiff obtained a writ of mandate preventing the City of Huntington Beach from implementing its amended Beach Edinger Corridors Specific Plan, but that

Probate:  Party Filing Competing Conservatorship Petition Erroneously Awarded Attorney’s Fees/Costs Of $39,966.63

Cases: Probate

Competing Petition Did Not Facilitate Appointment Of A Conservator Under Probate Code Section 2640(c).             Conservatorship of Ireland, Case No. B276915 (2d Dist., Div. 1 Oct. 31, 2017) (unpublished) involved a situation where two sons (Dana and John) filed competing conservatorship petitions for conservatorship of their mother after Dana had been appointed temporary conservator.  The

Indemnity:  Litigant Losing Prior Contractual Indemnity Claim Properly Denied Attorney’s Fees Defense Expense Reimbursement Motion

Cases: Indemnity

Indemnity Loss Was Fatal And Contract Had No Separate Duty To Defend Obligation Independently Triggering Reimbursement Rights. Children play on inflatable water slide.  Dallas, Texas.  2014.  Carol M. Highsmith, photographer.  Library of Congress.             In Grandpa’s Jumps v. Archdiocese of Los Angeles, Case No. B276894 (2d Dist., Div. 1 Oct. 31, 2017) (unpublished), Grandpa Jumps

Reasonableness Of Fees:  Trial Court’s Award Of $10,000 To Prevailing Party In Lease Dispute Affirmed Even Though $150,000 Lodestar Was Requested By Prevailing Party

Cases: Reasonableness of Fees

Questionable Billing Practices, Amount At Stake, And Relative Success Of Both Parties Justified Awarding Less Than 10% Of Fee Request.             Tenant won a utility cap lease dispute with landlord in a case involving both a complaint and cross-claims, with the trial judge eventually awarding tenant $27,919.11 who also lost on other claims.  Tenant requested

Fees On Fees:  Ninth Circuit Reverses District Judge’s Failure To Award Appellate Fees-on-Fees For Litigant’s Successful Appellate Defense Of Prior Fee Award

Cases: Fees on Fees

Court Of Appeals Applied Hummell Test, But Suggested It Might Adopt Seventh Circuit’s Automatic-Entitlement Rule If It Had Been Properly Raised Below.             Today we inaugurate a new sidebar category:  fees on fees.  This refers to fee entitlement for successfully defending or attacking an earlier award, or denial of an award, of fees.  Given that

Prevailing Party:  City of West Hollywood v. Kihagi Decision Now Published

Cases: Cases Under Review, Cases: Prevailing Party

Attorney’s Fees Reversed Where Permanent Injunction Overturned Such That Prevailing Party Determination Was Premature.             On October 1, 2017, we posted on City of West Hollywood v. Kihagi, an appellate decision which was unpublished at the time.  It reversed a fees award to a prevailing party because a permanent injunction was reversed such that prevailing

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