Made No Difference That Defense Affirmatively Rejected Rather Than Ignored The Offer. In a very complicated case involving the Polar Care 500 cold therapy device, the 4/1 DCA in Bigler-Engle v. Breg, Inc., Case No. D063556 (4th Dist., Div. 1 Oct. 28, 2016) (partially published; 998 discussion not published) did have occasion to […]
Trial Judge Properly Approved Class Action Settlement And Attendant Fee Award To Class Counsel. Russell v. EF International Language Schools, Inc., Case No. B263612 (2d Dist., Div. 1 Oct. 27, 2016) (unpublished) involved a trial judge’s approval of a wage/hour class action settlement, which approval was appealed by several objecting class members (objectors).
$1.282 Million Fee Award Went POOF! The Flareback. 1911. Library of Congress. Just to show you how the appellate court can giveth and taketh away (Job 1:21), in this case a taketh away, Hessler v. County of Los Angeles, Case No. B263088 (2d Dist., Div. 1 Oct. 27, 2016) (unpublished) is a
Failure To Appeal Fee Ruling Or Amended Judgment With Fee Ruling Deprived Appellate Court Of Jurisdiction To Decide Fee Challenge. In our October 3, 2016 post, we discussed Nellie Gail Ranch Owners v. McMullin, an unpublished 4/3 DCA decision, at the time, which decided it could not entertain a homeowner challenge to an
Respondents Did A Smart Thing On Appeal. Respondents in McClain v. Pacific Maritime Assn., Case No. B262952 (2d Dist., Div. 6 Oct. 27, 2016) (unpublished) did a smart thing after winning a disability discrimination case and after being awarded routine costs against the losing FEHA plaintiff. Given that FEHA costs are not awardable
Elephant Tramping Grass Language By Some Parties On Appeal Caught Attention Of Reviewing Court. 1921. Library of Congress. Hammer Lane R.V. Ministorage v. Scofield, Case No. C074606 (3d Dist. Oct. 27, 2016) (unpublished) is an opinion which began this way: “Defendant Sharon Scofield, as Trustee of the Sharon Scofield Family Trust (Scofield),
Fee Award Challenge Could Not Be Considered Based On Failure To Appeal Amended Judgment Awarding Fees. In Blecher Collins et al. v. Mireskandari, Case No. B263619 (2d Dist., Div. 2 Oct. 27, 2016) (unpublished), the Blecher Collins law firm sued and prevailed in a lawsuit for nonpayment by two suspended former English solicitors
Losing Co-Trustee Had Reasonable Bases To Challenge Beneficiary’s Accounting Objections. In Levy v. Jones, Case No. G051661 (4th Dist., Div. 3 Oct. 25, 2016) (unpublished), one beneficiary/co-trustee successfully obtained a $25,000 attorney’s fees award against another co-trustee based on objections to the trustee’s accounting. The appellate court, in a 3-0 decision authored by
Supply, Demand, Price, And Profit. Wikipedia. Author: Mtfernandes. Creative Commons Attribution-Share Alike 3.0 Unported license.. Thomson Reuters, in an October 2016 Peer Monitor Special Report entitled “Does Slower Rate Growth Increase Revenues?,” suggests that firms adopting smaller hourly rate increases have experienced better demand and revenue growth than firms pushing higher hourly
However, RFA Costs Of Proof Sanctions For Plaintiff Were Reversed. In Watkins v. Central Freight Lines, Inc., Case No. A145579 (1st Dist., Div. 1 Oct. 26, 2016) (unpublished), plaintiff won a $3,217.50 judgment against defendant based on a meal break claim, but lost nine other unrelated claims based primarily on discrimination. The lower
