Author name: Marc Alexander

In The News . . . Two New 2016 Studies Show 2015 Trends In Securities Class Action Fee/Expense Awards As Well As What U.S. Companies Spent On Fighting All Class Actions In 2015

In The News

  Securities Class Action Trends.     In a January 26, 2016 paper on a 2015 full-year review of securities class actions, NERA Economic Consulting’s consultants Svetlana Starykh and Stefan Boettrich have some interesting findings on fees/costs awards to class counsel.  Fees were stable at about 30% as a percentage of recovery in securities class action […]

Fee Clause Interpretation: Narrow Contractual Fees Clause Did Not Cover Tort And Subrogation Claims, Which Did Not Arise Under Contract With Fees Clause

Cases: Fee Clause Interpretation, Cases: Nonsignatories

  Negligence And Subrogation Claims Did Not Give Prevailing Cross-Defendant Bank Entitlement To Fee Recovery.     Under our category “Fee Clause Interpretation,” we have surveyed many decisions which really demonstrate that the wording of a fees clause actually determines if fee recovery is possible for tort clams or possible against losing contractual non-signatories.  The Fifth

Cases Under Review: As CRST Van Expedited, Inc. v. EEOC Heads To A March 28, 2016 Argument Before SCOTUS, Ross Runkel Provides His Insights On Case In SCOTUSblog Post

Cases: Cases Under Review

  Eighth Circuit Reverses Nearly $4.7 Million Fee Award Against EEOC, But Prevailing Party Issue Looks To Predominate.     On January 3, 2016, we posted on the fact that the United States Supreme Court (SCOTUS) granted certiorari with respect to an Eighth Circuit opinion reversing a nearly $4.7 million fee award against EEOC based on

In The News . . . . Legal Bills In NFL/Tom Brady “Deflated Ball” Controversy Have Topped $18 Million So Far

In The News

  Bills Include NFL Investigative Report And Brady Suspension Activities/Appeals.     According to an ESPN analysis, the legal bills in the New England Patriots/Tom Brady “Deflategate” controversy are hefty and still mounting.  The NFL has spent around $12.5 million, including the expenses for the Wells Report which was a lengthy investigative piece generating a lot

In The News . . . . Pharrell/Robin Thicke Might Not Owe Attorney’s Fees For Losing “Blurred Lines” Copyright Case And Fifth Circuit Court Of Appeals Issues Interesting Decision On Attorney’s Fees Recoupment By Counsel Representing

Cases: Celebrities, In The News

  Pharrell and Thicke Tentative Fee Decision.      On March 14, 2016, U.S. District Judge John A. Kronstadt (C.D. Cal.) orally announced a tentative decision that Pharrell Williams and Robin Thicke should not have to pay Marvin Gaye’s family $3.5 million in legal fees despite the fact they lost a copyright infringement case. The district

Special Fee Statute Update: United Rigger Decision Accepted For Review By California Supreme Court

Cases: Construction, Cases: Special Fee Shifting Statutes

  Interpretation of Retention Prompt Payment Statute At Issue.      On December 5 and 18, we posted on the 2/1 DCA’s United Rigger decision, which among other things split company with another sister intermediate appellate court on the interpretation of the retention prompt payment statute and accordingly reversed a $150,000 fee award to the then

Special Fee Shifting Statute: Although Trial Judge Correctly Denied CPRA Petition, He Erroneously Awarded Costs To San Diego District Attorney

Cases: Special Fee Shifting Statutes

  Reason Was That D.A. Conceded Petition Was Not Frivolous At The Time Costs Incurred By D.A.      Admissions or concessions in court papers get great weight, no less so on appeal.      In Harrison v. San Diego County, The District Attorney, Case No. D068603 (4th Dist., Div. 1 Mar. 18, 2016 unpublished), petitioner requested

Class Action: Second Circuit Court Of Appeals Reverses And Remands Fee Denial To Non-Lead Counsel After Appointment Of Lead Class Counsel Where Lead Counsel Supported Non-Lead Counsel’s Request For Fee Recovery

Cases: Class Actions

  Over $3.4 Million in Fees At Stake.      Flanagan, Lieberman, Hoffman & Swaim v. Ohio Public Employees Retirement System (In re Bank of America Corp.), No. 13-2919 (2d Cir. Mar. 17, 2016) (published) involved a non-lead counsel in a federal class action securities case who failed to file a notice of appearance but did

Reasonableness Of Fees/Special Fee Shifting Statute: IDEA Fee Award Of $7,780 Rather Than Requested $66,420 Affirmed On Appeal

Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

  Rejected Settlement Did Not Justify Post-Settlement Fees, Hourly Rate Reduction Justified, and Prior Consultant Determination Prevented Paralegal Fee Award.      Under the Individuals with Disabilities in Education Act (“IDEA”), attorney’s fees are awardable to prevailing plaintiffs, generally the parents of a child with a disability, in the discretion of the district court. But there

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