Federal Circuit So Decides Despite Split In Authority. In Parrott v. Shulkin, Case No. 2016-1450 (Fed. Cir. Mar. 13, 2017) (precedential), the Federal Circuit dealt with what Consumer Price Index (CPI)—national or local—should govern an upward adjustment of the $125 per hour fee award cap under the Equal Access to Justice Act (EAJA), […]
VW Plant, Wolfsburg, Germany. En.wikipedia. User: HighContrast. Creative Commons licnese. According to Law360, a California federal judge recently approved $167 million in fees and $8 million in costs to class counsel in the Volkswagen emissions class action, relating to the part of the case which involved 2.0 liter VW diesel cars. Stay tuned,
Opinion Was Issued On December 7, 2016. ABA Formal Opinion 475 addresses how to deal with received fees from a client when different attorneys provided services to the client. Actually, a two part process is involved: (1) the fees must be held by the receiving attorney separate from the lawyer’s own separate property
Default Judgment Principles Did Not Apply To Fee Recovery. In Eftekhari v. Ford, Case No. B271555 (2d Dist., Div. 5 Mar. 14, 2017) (unpublished), plaintiff won $8,125 in attorney’s fees against defendant in a civil harassment proceeding based on a fee-shifting statute. On appeal, defendant argued the trial judge lacked authority to award
$125 Million Won, But $58 Million In Legal Expenses Taken Away. Aerial view of the San Onofre Nuclear Generating Station in San Diego County, California, May 26, 2012. Author: Jelson25. Creative Commons Attribution-Share Alike 3.0 Unported license. Southern California Edison apparently commenced an International Chamber of Commerce arbitration to see if could exceed
Decision Considers Fee Shifting Under Education Code Section 44944(f)(2). As discussed in our February 23, 2017 post, fee shifting under Education Code section 44944(f)(2) was considered in Walent v. Commission on Professional Competenece of the LAUSD. Although not published at the time of its filing on February 21, we can now report that
Trial Judge Rightly Found Set Aside Issue Needed To Be Addressed In A Separate Proceeding. In Sheen v. Sheen, Case No. B268762 (2d Dist., Div. 8 Mar. 10, 2017) (unpublished), relieved attorneys representing a trust successfully recovered an attorney’s fees judgment by which moneys were received from the trust. Trust beneficiaries then
Beneficiary Failed To Show Fee Entitlement As A Matter Of Law. In Morgan-Perales v. Savage, Case No. G052317 (4th Dist., Div. 3 Mar. 9, 2017) (unpublished), an assigned trial judge surcharged a trustee’s interest in a primary trust asset for failure to make rental payments, awarded a beneficiary attorney’s fees for successfully challenging
2/7 DCA Panel Agreed With The Reasoning In the USS-Posco Industries Case. In Jakiel v. Impresa Aerospace, LLC, Case Nos. B261175/B264508 (2d Dist., Div. 7 Mar. 8, 2017) (unpublished), the appellate court reversed a grant of over $129,000 in attorney’s fees in favor of an employer winning summary judgment in a wage/hour case.
Purposed Fees Clause Was A True Indemnity Clause, Not A Fees Clause. We have posted on a lot of cases in this area, but can add an Indian tribal case in the form of Federated Indians of Graton Rancheria v. Kenwood Investments No. 2, LLC, Case No. A147281 (1st Dist., Div. 1 Mar.
