Case Affirmed Denial Of Attorney’s Fees Because Fees Clause Was Really An Indemnity Clause. On April 2, 2015, we posted on Rideau v. Stewart Title of California, Case No. D065751 (4th Dist., Div. 1 April 1, 2015), which was unpublished at the time. It affirmed the trial judge’s denial of a fee request […]
We Now Have A Firm Split—2/2 And 6th DCAs Are At Odds With 4/3 DCA In This Area. Fault line. Aerial view of the San Andreas Fault. Carol M. Highsmith, photographer. 2013. Library of Congress. DisputeSuite.com, LLC v. Scoreinc.com, Case No. B248694 (2d Dist., Div. 2 April 14, 2015) (published) may be
Deals With Multiple Issues After Lower Court Awarded Only $19,176 Out Of Requested $231,000 In Fees. In our March 19, 2015 post, we discussed the unpublished decision of Save Our Uniquely Rural v. County of San Bernardino, Case No. E059521 (4th Dist., Div. 2 Mar. 18, 2015). We now can update: the decision
Study Will Be Published In Upcoming 2015 Edition of Columbia Law Review. Law professors Lynn Baker, Charles Silver, and Michael Perino will soon be publishing an article, “Is The Price Right?: An Empirical Study Of Fee-Shifting In Securities Class Actions,” in an upcoming edition of the Columbia Law Review. The article is based
Creditor’s Action Was Not Truly Independent Suit, But Continuation Of Postjudgment Enforcement Efforts Obstructed By Third Party Holding Judgment Debtor Funds. Inequitable circumstances often dictate results in appellate cases, although the decision in ABC Money Transactions, Inc., Case No. G048363 (4th Dist., Div. 3 April 10, 2015) (unpublished) was hardly a stretch under
No Material Modifications in Amended Opinion. On March 6, 2015, we posted on C.W. v. Capistrano Unified School District, No. 12-57315 (9th Cir. Mar. 2, 2015) (published), which dealt with an attorney’s fees award in favor of school district and against plaintiff under various civil rights-oriented schemes, namely, IDEA, ADA, Rehabilitation Act, and
Transactional and Top 15 Firms Did Even Better. The results of Citi Private Bank’s “Full Year 2014 Legal Industry Results,” based on a sampling of 179 U.S. firms (78 in the Am Law 100, 47 in the Am Law Second Hundred firms, and 54 in the niche/boutique firm category), show the following trends
Remanded To Consider Impact Of Octane Fitness’ Reasoning In Patent Area To Trademark Fee-Shifting Statute. The Sixth Circuit Court of Appeals, in Slep-Tone Entertainment Corp. v. Karoke Kandy Store, Inc., No. 14-3117 (6th Cir. April 6, 2015) (published), dealt with a case where defendants won a trademark infringement case brought by plaintiff, which
Joint Offer by Plaintiffs, Unapportioned as to Three Defendants, Was Valid. In Montoya v. Mayfield, Case No. B255995 (2d Dist., Div. 4 April 6, 2015) (unpublished), plaintiffs were involved in a serious accident with a truck driven by defendant employee, who was doing so in the course and scope of his employment by
Moving Attorney Did Some Smart Things Here. Because trial court experiences can provide some good tips, we report on the result of an attorney’s fees motion in a recent San Diego County Superior Court ruling in Five Star Synergy, Inc. v. Light Wireless Communications, LLC. This was a commercial unlawful detainer case
