Author name: Marc Alexander

Class Action: Special Master May Be Appointed In Class Action Where Media And Class Counsel Agreed That Issue Was Presented On Billings For Staff Attorneys

Cases: Class Actions

  $75 Million Was The Tentative Class Counsel Fee Recovery, But $4 Million In Suspect Lodestar Billings Raised A Flag For Further Review.       In Arkansas Teacher Retirement System v. State Street Bank and Trust Co., Case No. 11-cv-10230-MLW (D. Mass. Feb. 6, 2017) (Doc. #117) (Memorandum and Order), a Massachusetts federal district judge issued […]

Deadlines/Equity/Retainer Agreements: Invalid Attorney-Client Retention Agreement Meant Attorney Collection Suit Was Subject To 2-Year Quantum Meruit Statute Of Limitations

Cases: Deadlines, Cases: Equity, Cases: Retainer Agreements

Attorney Sued Too Late, With Account Stated Count Not Lengthening The 2-Year SOL.       Leighton v. Forster, Case No. A145601 (1st Dist., Div. 4 Feb. 9, 2017) (published), is an interesting case to show how a noncompliant engagement letter leaves the attorney to seek recovery of fees in quantum meruit, which is governed by

Equity/Sanctions: Attorney’s Fees Award Remanded To Recalculate To Account For Previously Awarded Discovery Sanctions

Cases: Equity, Cases: Sanctions

"Double Dipping" Was The Rationale.     Earl & Reimer APC v. Klimek, Case No. H041638 (6th Dist. Feb. 1, 2017) (unpublished) is a case where an attorney's fees award was reversed and remanded in order to prevent "double dipping": the trial judge previously awarded discovery sanctions, and those sanctions were not properly taken into account

Deed Of Trust/Fee Clause Interpretation/Section 1717: $14,500 Attorney Fee Recovery In Favor Of Lenders Affirmed On Appeal

Cases: Deeds of Trust, Cases: Fee Clause Interpretation

  Plaintiff’s Claims Implicated Contract Based Claims And Broadly Worded Fees Clauses In DOT Covered Tort Claims Also.       In Kalnoki v. First American Trustee Servicing Solutions, LLC, Case No. C073207 (3d Dist. Feb. 1, 2017) (partial published; fee discussion unpublished), plaintiff lost wrongful foreclosure-related claims against a lender’s assignee/successor, with the trial judge awarding

Deeds Of Trust: Borrower’s Unsuccessful Complaint For Fraud, Wrongful Foreclosure, And Cancellation Of Trust Deed Fell Within Broadly Worded Deed Of Trust Provision

Cases: Deeds of Trust

  $37,632 In Fees To Lender Was Not Unreasonable.      Eventually, after a prior appeal where borrower got some relief, the same borrower lost on claims that the lender had defrauded him and wrongfully foreclosed, justifying damages and a cancellation of the deed of trust, based on failure to timely file an amended complaint and

Fee Clause Interpretation, Homeowner Associations, Section 1717: Large Fee Recovery To Prevailing Defendants In Common Interest Development Parking Space Dispute With Other Homeowners Reversed

Cases: Fee Clause Interpretation, Cases: Homeowner Associations, Cases: Section 1717

  Only Time Finite Fees On Trespass Claim Recoverable Under HOA Fee-Shifting Statute.      In Hussein v. Driver, Case Nos. A144786/A145655 (1st Dist., Div. 4 Jan. 27, 2017) (unpublished), plaintiffs and defendants, homeowners in a common interest development as well as the parents of defendants, were drawn into a parking space dispute where slander of

Liens For Attorneys Fees/Quantum Meruit: 2/5 DCA Sorts Through Various Standing And Statute Of Limitations Issues In Attorney’s Lien/Quantum Meruit Dispute

Cases: Liens for Attorney Fees, Cases: Quantum Meruit

  End Result Is Declaratory Relief Action Based On Attorney’s Lien Did Survive Based On Longer Four-Year SOL Relating To Written Contracts.      In Younessi v. Munoz, Case No. B265750 (2d Dist., Div. 5 Jan. 25, 2017) (unpublished), prior discharged counsel, both the individual lead attorney and the law firm, in a contingency-based personal injury

Family Law: Interesting Appellate Decision Involving Senior Husband And Wife Results In A Mixed Bag On Whether Attorney’s Fees And Sanctions Owed, And Against What Assets

Cases: Family Law

  Just Goes To Show You That Dissolutions Proceedings Have A Lot Of Legal And Equitable Issues, No Matter When You Get A Divorce At Any Stage Of Life.      Greene County, Georgia.  Old couple who receive old-age pension assistance.  Fall, 1941.  Jack Delano, photographer.  Library of Congress.      Murdock v. Murdock, Case No. B259694

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