Author name: Marc Alexander

Arbitration/Fee Clause Interpretation: Superior Court Award Of Attorney’s Fees To Arbitration Party Successfully Defending Arbitrator Disqualification Order Affirmed On Appeal

Cases: Arbitration, Cases: Fee Clause Interpretation

  $55,698 Fee Award Justified Based On Broad Fees Clause in Operating Agreement.      Fiscal Funding Co., Inc. v. Dones, Case No. A135451 (1st Dist., Div. 3 Dec. 15, 2014) (unpublished) involved a $55,698 fee award by the superior court to a party to an arbitration successfully defending an arbitrator’s disqualification order in superior court […]

In The News . . . . SDNY Judge Lowers Fee Request In FLSA Class Action Settlement, Also Lamblasting Reliance On Attorney-Prepared Fee Orders And Sixth Circuit Reduces Fee Award By About Half To Social Security Claimant’s Attorney In Benefits Case

In The News

  U.S. District Judge Pauley III Has Provided Some Guidance on FLSA Fee Awards.     FLSA litigation has been proliferating, constituting 9% of the filings for the 2014 S.D.N.Y. federal civil docket and paralleling a 400% increase in nationwide filings since 2001. U.S. District Judge William Pauley III, in Fujiwara v. Sushi Yasuda, No. 12cv8742

Appealability: Both Sides’ Appeal From Fee Denial Orders Nonappealable Because Trial Judge Granted New Trial Conditionally, With Additur Which Was Not Accepted

Cases: Appealability

  Result Was Original Judgment Was Vacated, So No Postjudgment Fee Orders Existed.      In Pacific Corp. Group Holdings, LLC v. Keck, Case No. D062277 (4th Dist., Div. 1 Dec. 12, 2014) (published), defendant/cross-complainant employee won a substantial $270,547.95 breach of contract verdict against cross-defendant employer. However, he moved for a new trial motion arguing

Bankruptcy/Cases Under Review: Federal Government And Several States Support Baker Botts’ SCOTUS Position On Whether Efforts Defending Core Application Fees Are Compensable

Cases: Bankruptcy Efforts, Cases: Cases Under Review

  Fifth Circuit Decision Saying No Fees For These Efforts Under Scrutiny.      On October 2, 2014, we posted on SCOTUS granting certiorari with respect to a Fifth Circuit decision denying Baker Botts substantial fees and costs in defending their core application fee efforts. According to Law 360, “[t]he federal government on Wednesday [December 10,

Appeal Sanctions: Attorney Ordered To Pay $19,945 In Appellate Defense Costs And $8,500 To Court Clerk For Frivolous Appeal

Cases: Appeal Sanctions

  Dissenting Justice Did Not Think Sanctions Were Appropriate Based on Inadequate Appellate Record.      In Hasso v. J&J Real Estate Holdings, Case No. E054774 (4th Dist., Div. 2 Dec. 11, 2014) (unpublished), the majority of an appellate court panel imposed $19,945 in defense appellate fees against appellant’s attorney, payable to the defense, and $8,500

Class Action: $11 Million Class Counsel Fee Recovery Affirmed Where Total Claims Being Actually Made Exceeded $49 Million

Cases: Class Actions

  “Clear Sailing” Settlement Provisions Not Per Se Invalid Under State Law.      Computer Service Tax Cases, Case No. A139445 (1st Dist., Div. 5 Dec. 10, 2014) (unpublished) is a class action settlement appeal where 200,000 claims were filed resulting in claims to recover tax refunds of around $49.1 million. The lower court granted class

Civil Rights/Prevailing Party: Plaintiff Losing All Claims Based On Causation Jury Finding Cannot Be Prevailing Party Entitled to FEHA Fee Recovery

Cases: Civil Rights, Cases: Prevailing Party

  Lower Court Properly Denied Plaintiff’s Fee Request.      If you lose all of your claims (even in the civil rights area), you likely are not the prevailing party. The appealing plaintiff found that out in Arevalo v. City of Long Beach, Case No. B250345 (2d Dist., Div. 7 Dec. 10, 2014) (unpublished).      There,

Intellectual Property/Prevailing Party/Special Fee Shifting Statute: 4/3 DCA Determines That Penal Code Section 502’s Fee Entitlement Provision Applies to Both “Prevailing” Plaintiffs And Defendants

Cases: Intellectual Property, Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

  Appellate Court Agrees With Trial Court Analysis, Which Departed From Contrary S.D. Cal. Federal Decision.      Plaintiff search engine optimization firm sued defendant marketing firm for breach of contract, prompting defendant to countersue plaintiff (as a cross-defendant) for breach of contract and for a violation of Penal Code section 502 (a computer hacking claim

Civil Rights/Reasonableness Of Fees: Title VII Sexual Harassment Plaintiff Winning $1 Nominal Compensatory Damages/$300,000 Punitive Damages Under Title VII Statutory Cap Appropriately Awarded Fees And Costs Of $350,902.75

Cases: Civil Rights, Cases: Reasonableness of Fees

  Plaintiff Did Succeed, With Efforts On Other Claims Interrelated.      In State of Arizona v. Asarco, No. 11-17484 (9th Cir. Dec. 10, 2014) (en banc) (published), a Title VII plaintiff primarily alleging sexual harassment claims brought an action against an employer having more than 500 employees. The jury awarded plaintiff $1 in nominal compensatory

Insurance: Cumis Counsel Hourly Rate Restrictions Do Not Apply Retroactively

Cases: Insurance

  Rate Restrictions Apply No Earlier Than When Insurer Agrees to Pay for Prospective Dates Onward.      Although unpublished, insurance practitioners will want to read City Art, Inc. v. Superior Court (Travelers Property Cas. Co. of America), Case No. B256132 (2d Dist., Div. 3 Dec. 9, 2014) (unpublished).      In granting an insured’s writ petition,

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