Restrictions On Its Application Necessitated Reversal In This Case. As far as challenges to fee awards, we would have to say that challenges to awards under the “tort of another” doctrine have higher chances of reversal, based on the restrictions applicable to use of this doctrine. Los Angeles Community College Dist. v. Roosevelt […]
4/3 DCA Choose Calhoun Over Dicta In Champion/L.B.S. Boyd Jones doing his arithmetic lesson at the blackboard in the Alexander Community School in Greene County, Georgia. Nov. 1941. Jack Delano, photographer. Library of Congress. In Stueve v. Berger Kahn, Case No. G052689 (4th Dist., Div. 3 Nov. 22, 2016) (unpublished), a plaintiff party
Equity Prevailed! Greyhound Bus sign, S. Carolina. Oct. 29, 2007. Carol M. Highsmith, photographer. Library of Congress. In Gee v. Greyhound Lines, Inc., Case No. C077077 (3d Dist. Nov. 21, 2016) (published), plaintiff had her case dismissed after she failed to pay venue transfer fees based on her attorney’s error. The trial
Stricter Review Is Made Of FEHA Awards In Favor Of Prevailing Defendants. “Keysville, Virginia. Randolph Henry High School. Playing baseball during gym period. Girl replaced man teacher who was drafted in the army.” Philip Bonn, photographer. June 1943. Library of Congress. Young v. Burlingame School Dist., Case No. A147012 (1st Dist., Div. 2
Prevailing Party Determination Was A Discretionary One For Lower Court. In Enayat v. Missaghi, Case No. B260861 (2d Dist., Div. 5 Nov. 17, 2016) (unpublished), defendants won a “waste” lease dispute against a plaintiff alleging two tort claims, and one of the defendants also won on a slander cross-claim (resulting in $1 nominal
$72,660 Fee Award Against Husband Reversed On Appeal. In Saldana v. Noh, Case No. A143491 (1st Dist., Div. 2 Nov. 14, 2016) (unpublished), wife moved to recover fees against husband under Family Code section 6344, which allows a prevailing party in a Domestic Violence Prevention Act (DVPA) proceeding to recoup fees. However, the
Scope of Interpleader Proceeding Resolved In This Case. Southern California Gas Co. v. Flannery, Case No. B268298 (2d Dist., Div. 5 Nov. 14, 2016) (published) involved an interpleader action filed in the wake of a settlement agreement for injuries sustained in the 2008 Sesnon wildfire, with personal injury claimants, palimony litigants, and attorneys
Article Covers A Gamut Of Class Action Fee Issues. In the October/November 2016 issue of Practical Law, there is a nice article summarizing a gamut of issues relating to class action fee awards. Here are the major points made in this article: • Appealability – Decisions on fee awards may be appealable, separate
Requested Amount Is 1.7% Of $10 Billion Settlement Fund. Recently, lead counsel for the class in the Volkswagen emissions case, an MDL case assigned to U.S. District Judge Charles Breyer in the N.D. Cal., announced that class counsel will be requesting $175 million in attorney’s fees from the district court, which is about
Fees Award By Arbitrator Affirmed On Appeal. In Callahan, Thompson, Sherman & Caudill, LLP v. PathwayData, Inc., Case No. G051511 (4th Dist., Div. 3 Nov. 10, 2016) (unpublished), arbitrator awarded fees under a broad fees clause, after attorneys prevailed, under a Legal Services Agreement stating that recovery of fees and costs could be
