No Abuse of Discretion Given Family Law Judge Found Excessive Billing By Ex-Wife’s Counsel. In Marriage of Scott, Case No. B263480 (2d Dist., Div. 8 Jan. 15, 2016) (unpublished), Byron Scott’s ex-wife appealed a needs-based fee award of $75,000 rather than the $100,000 she requested. The appellate court found no abuse of discretion, […]
Waiver of Costs Offer Not Reasonable Given Plaintiffs Had Severe Injuries and Expert Witness Discovery Had Not Even Commenced. In order for offers under CCP § 998 to be held reasonable and in good faith, timing is everything – offerors need to make 998 offers at a juncture of the case where both
30% of Recovery Was Fair. Based on general news reports, class action counsel in Cathode Ray Tube Antitrust Litig., No. 3:07-cv-05944 (N.D. Cal.) were awarded $38.2 million in attorney’s fees in settlement of an antitrust class action involving allegations of a price-fixing conspiracy for cathode ray tubes. The fee award was around 30%
Fee Basis Existed and Fees Were Reasonable Given HOA’s Vigorous Litigation In The Matter. Homeowner and HOA disputes are generally contentious and vigorous in nature; the problem is that the winner oft times “gets the spoils,” meaning a large fee recovery even for a victory that is maybe not that major. The
All of Awarded Costs Were Expressly Authorized. Plaintiff was flummoxed when the trial judge awarded prevailing defendant $28,488.82 in costs for service of out-of-state subpoenas, computerized time/display, and demonstrative graphic renting equipment expenses. Plaintiff’s appeal did not change things in Goldsmith Seeds v. Great American Ins. Co., Case No. H037791 (6th Dist. Jan.
Apportionment Is Not Necessary In This One. A-Ju Tours, Inc. v. Alleghany Corp., Case Nos. B256956/B259567 (2d Dist., Div. 1 Jan. 14, 2016) (unpublished) is an interesting SLAPP grant, producing a split merits decision as far as the grant on a claim based on the litigation privilege. Later, prevailing defendant moved for $89,460.90
Simply Because Plaintiff Only Obtained $1 In Damages Did Not Diminish His Forward-Looking Conduct Success In The Case. In Klein v. City of Laguna Beach, No. 13-56973 (9th Cir. Jan. 14, 2016) (published), plaintiff brought an as-applied civil rights challenge to Laguna Beach’s ordinance containing restrictions on the use of amplification devices on
Increasing Amount Of Appellate Bond Did Not Involve Judgment Satisfaction Issue. The First District, Division 2 had to issue four opinions in what it described as “apparently interminable litigation” between property developers and rescinding purchasers of a residential property. With respect to a topic of interest to readers of our blog, Hogan v.
“Entirely Impressionistic Reasoning Offered By District Court” Did Not Suffice. A securities class action litigated over 2 years and involving many defendants in China was globally settled for $3.78 million. Class counsel then sought 25% of the common fund, or a fee award of $944,583. The district judge, however, used the lodestar analysis—which
Certiorari Denied on January 8, 2016. On March 9, 2015, we posted on the Eleventh Circuit’s decision in DVI Receivables XIV, LLC v. Rosenberg, where petitioning creditors in an involuntary bankruptcy were assessed with fees, including appellate fees, for prosecuting the involuntary petition in bad faith. U.S Bank had sought certiorari from the
