Class Counsel Appealed, But To No Avail Except On Two Minor Issues. Woosley v. State of California, Case No. B261454 (2d Dist., Div. 5 April 24, 2017) (unpublished) was a dispute which spanned close to 40 years, with the parties then hassling over attorney’s fees over the last dozen years. (Kinda […]
$2.7 Million Sanctions Against Goodyear Reversed And Remanded, But Waiver Issue Might Sustain $2 Million Of Sanctions Award. Stripping tube on mandrel before sending to cure, Goodyear Tire Factory, Akron, Ohio. c1928. Library of Congress. The U.S. Supreme Court, in Goodyear Tire & Rubber Co.
Apportionment Would Have To Be Made, Because Litigant Shared Counsel With Remaining Party In Litigation. Hyatt v. Aurora Western Pacific Advisors, Inc., Case No. G052981 (4th Dist., Div. 3 April 20, 2017) (unpublished) illustrates that difficulties in apportioning fees does not allow a trial judge to deny a fee request by
Procedural and Merit Grounds Led To The Same Result. Moore v. Orloff & Associates APC, Case No. G052463 (4th Dist., Div. 3 April 18, 2017) (unpublished) shows that attorney’s liens are subject to equitable principles. The trial judge after a prior appellate remand found that the attorney was not entitled to
End Result Is That Fee/Costs Order Remained In Effect. President Coolidge and party on Tower Fall steps, Yellowstone National Park. c1927. Library of Congress. In Blixseth v. Yellowstone Mountain Club, LLC, No. 12-35986 (9th Cir. April 18, 2017) (published), the Ninth Circuit decided two issues as to whether “fees on fees”
However, Cost Denial Reversed So That Lower Court Can Exercise Discretion. A cantankerous beneficiary, who sent 8,000 – 10,000 emails to trustee during the period of his service, moved to recovery Probate Code section 17211 attorney’s fees and also routine costs based on having partial success in opposing trustee/lawyer’s fees for
Hourly Rates Were Reasonable, And 28% Reduction Cemented The Conclusion. In Ellis v. Mercury Ins. Co., Case No. E064749 (4th Dist., Div. 2 April 14, 2017) (unpublished), plaintiff lost a SLAPP motion and then lost an appeal of the SLAPP merits loss. The lower court then awarded the defendant insurance company $8,797.50
Eighth Circuit Court Of Appeals Gives Us Some Hints—Contractual Fee Recovery First, And Then Equitable Consideration Of Common Fund Recovery. Although outside of California, we do report on nationwide decisions which may have some impact on attorney’s fees in different substantive areas of the law. McKeage v. TMBC, LLC, 847 F.3d 992 (8th
Split Opinion On This Issue. In Irvine Unified School Dist. v. K.G., No. 14-56457 (9th Cir. April 13, 2017) (published), the Ninth Circuit, in a split decision, decided that it was unlikely that a student in an Individuals with Disabilities Education Act (IDEA) case should be entitled to fees for litigation after high
Winner Did Prevail. So, what is the price of modern litigation even in a case involving one party against two other affiliated parties where cross-claims are involved? Answer: pricey. That is illustrated by the result in Mendez v. Piper, Case No. H041122 (6th Dist. Apr. 12, 2017) (unpublished), where a party won a
