Author name: Marc Alexander

Class Action: Sixth Circuit Court Of Appeals, In 2-1 Published Decision, Approves $2.39 Million In Fees To Class Counsel

Cases: Class Actions

  Majority And Concurring Opinions Have Interesting Discussions On Valuing Settlement Benefit Of Class, Degree Of Fee Substantiation Necessary, And Propriety Of “Clear Sailing” And “Kicker” Settlement Provisions.      A recent decision from the Sixth Circuit, Gascho v. Global Fitness Holdings, LLC, No. 14-3761/3798 (6th Cir. May 13, 2016) (published), is an interesting one for

Pleading: Attorney’s Fees Amount And Proof Only Needs To Be Submitted In Default Judgment Packet, Not Claimed In Entry of Default Paperwork

Cases: Pleading

  Fees Can Be Claimed Later On In Default Judgment Packet, With Many Local Ordinances Allowing For Fee Recovery For Nuisance Abatement Actions.     The next case, although unpublished, is one that California state court litigators should love because it answers some of those vexing nitty-gritty procedural questions that we sometimes encounter when filling out

Fee Clause Interpretation, Prevailing Party, Section 1717: Another Reversal Of Fortune—Rehearing Granted Where Prevailing Plaintiff Now Gets Return Of $4.2 Million Fee Recovery

Cases: Fee Clause Interpretation, Cases: Prevailing Party, Cases: Section 1717

  Earlier, The Fee Recovery Went POOF!, But Restored After A Rehearing.   President Grant at his cottage by the sea.  c1872.  Library of Congress.     We have posted before in our February 21, 2016 post on U.S. Grant Hotel Ventures, LLC v. American Property Management Corp., a Fourth District, Division 1 appeal where each

Class Action: Nonparticipating Class Member Objector Has No Standing To Appeal Fee Award To Class Counsel And 70% Reduction In Class Counsel Fee Request Remanded For Better Articulation Of Haircuts

Cases: Class Actions

  Ninth Circuit Even Takes Unusual Step Of Assigning To A Different District Judge On Remand.     Stetson v. Grissom, Case Nos. 13-57061/13-57159 (9th Cir. May 11, 2016) (published) is a case where a nonparticipating class member objector challenged an award of fees to Class Counsel and appealed the district judge’s failure to award fees

Homeowner Associations/Prevailing Party: HOA’s Request For $1.666 Million In Fees Against Homeowner Properly Denied

Cases: Homeowner Associations, Cases: Prevailing Party

  Lower Court Found HOA Did Not “Prevail,” Where Each Side Got Some Relief.      HOA-homeowner disputes, as well have seen repeatedly, are generally expensive in nature as far as attorney’s fees expenditures. The loser, either way, can face substantial fee exposure under Civil Code section 5975 (the Davis-Stirling Act’s fee shifting provision) and/or Civil

Happy Birthday To Us …. Eight Years – First Started On May 11, 2008

Off Topics

    Happy Mother’s Day To You Moms Out There Also!               Wow, seems like just yesterday.  On May 11, 2016, we celebrate eight years of activity on this blog.  Hope you readers have found it helpful.  We also extend Happy Mother’s Day to all of you Moms out there.  Below:  "First Lady of

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