Sanctions Assessed Under Fed. R. App. P. 38 and 28 U.S.C. § 1927. The Ninth Circuit, in Blixseth v. Yellowstone Mountain Club, LLC, No. 12-35986 (9th Cir. Aug. 4, 2015) (published), did not take kindly to the pursuit of a frivolous appeal of a denial of a motion to disqualify a bankruptcy judge, […]
Award Of $101,154 Out Of Requested $337,180 In Fees Affirmed On Appeal. Plaintiff prevailed on both breach of lease and fraudulent transfer claims against the defense, with the lease having a fees clause allowing for recovery of fees geared to “enforce” the contract. When it came time to move for attorney’s fees, plaintiff
As summarized in the August 2015 edition of the California Lawyer, Archer Norris conducted a survey in March 2015 of corporate lawyers and other businesspeople about California’s legal climate, with 121 respondents (94% of whom were attorney and more than half working for companies with yearly revenue over $1 billion) providing feedback.
Looks Like Many Corporate Clients See Continued Used of Alternative Fee Arrangements. According to data from Norton Rose Fulbright’s 2015 Litigation Trends Annual Survey (as summarized in the August 2015 edition of the ABA Journal), which polled law departments both in the U.S. and 26 countries based on 803 corporate counsel responses, alternative
We Came To The Same Conclusion In A July 6, 2009 Prior Post. The Second Circuit Court of Appeals, in Gortat v. Capala Brothers, Inc., No. 14-3304-cv (2d Cir. July 29, 2015), decided that prevailing plaintiffs in a Fair Labor Standards Act (FLSA) case are not entitled to reimbursement of expert witness expenses
. . . . Increasing The Legal Budget By $373,000 On An Annual Basis For The L.A. Law Firm Representing The District In The Matter. Gloria Romero, a former Democratic senator from L.A. and an education reformer, has written a piece in the OpEd section of the August 2, 2015 edition of The
600% Markups, However, Have Not Passed The Grade. We can report that contract attorneys used by law firms have been treated as attorneys for lodestar purposes, subject to reasonable limitations. Two examples in class action cases suggest how they should be presented in order to be compensable in the lodestar analysis as fees
First One Is Authorized And Second One Was “Reasonably Necessary.” In Balian v. Reliance Environmental Consulting, Inc., Case No. B255730 (2d Dist., Div. 1 July 31, 2015) (unpublished), defendant prevailing party was awarded costs for travel to certain depositions and for Case Home Page expenses (the latter which are electronic document service provider
District’s Settlement Offer, When Viewed Pragmatically, Gave Parents Substantial Justification To Reject It As Compared To The Ultimate Relief. For those of you practicing or interested in the area governed by the Individuals with Disabilities Education Act (IDEA), this next case is must reading, especially given the lengthy discussion of fee recovery under
N.D. Cal. District Court Approves $11.4 Million Fee Award In Optical Disk Drive Case. In In re Optical Disk Drive Antitrust Litig., No. 3:10-md-02143-RS (N.D. Cal. July 24, 2015), U.S. District Judge Richard Seeborg awarded $11.4 million in fees and $1.6 million in expenses in a price-fixing conspiracy class action which produced a
