Author name: Marc Alexander

Reasonableness Of Fees/Settlement: Defendant Reneging Under Ocean Tree Obstruction Settlement Liable For $27,524.50 In Breaching Settlement Stipulation

Cases: Reasonableness of Fees, Cases: Settlement

  Defense Failed To Oppose Fee Motion, So Excessiveness Objection Waived.      In Corrigan v. Kent, Case No. B247707 (2d Dist., Div. 6 Nov. 12, 2014) (unpublished), plaintiffs sued defendant based on a large oak tree obstructing plaintiff’s view of the ocean based on a violation of Santa Barbara City view ordinance No. 5220. On […]

SLAPP: SLAPP Winner Properly Denied Fees Where It Failed To Appeal Within 60 Days Of Order Granting SLAPP Motion On Partial Claims

Cases: SLAPP

  Appeal From Voluntary Dismissal of Remaining Claims Was Untimely.      Defendant winning an anti-SLAPP motion on many claims sought to recover fees of $56,062.50 after learning that plaintiff voluntarily dismissed the remaining claims. Unfortunately, defendant moved to recoup SLAPP fees based on the date of the voluntary dismissal, rather than the earlier anti-SLAPP order

In The News . . . . VoxerNet Gets Patent Fee Recovery Under Octane Standard And Fifth Circuit Grants Rehearing To Evaluate Continued Validity Of Pro-Snax Decision

In The News

  VoxerNet Fee Recovery.      On November 6, 2014, a California federal district judge awarded VoxerNet, an application development start-up company, $820,000 in attorney’s fees for prevailing in a voice mail patent infringement suit against it. The U.S. Supreme Court’s Octane/Highmark cases led to this ruling, with this precedential duology seeming to be used more

In The News . . . . $14 Million Is Stockton, CA’s Bankruptcy Tab So Far And Littler Mendelson Denied Fee Recovery And Hit With Sanctions For Bringing Deficient Fee Request In ADA Federal Case

In The News

  Stockton’s Bankruptcy Tab.      Recently, a federal bankruptcy court has approved Stockton’s exit from bankruptcy in a Chapter 9 case. After about two years of work, the bankruptcy attorney tab for the Stockton bankruptcy has been reported to be around $14 million. Littler Mendelson’s Fee Motion Is Deficient, With The Firm Having to Pay

Costs: Majority Shareholder And Defendant Corporation Prevailing In Dissolution Appraisal Proceeding Entitled To Apportioned Costs Of Appraisers/Related Depositions

Cases: Costs

  Corporations Code Section 200 Is Silent On Costs, But CCP §§ 1032/1-33.5 Do Allow For Recovery.      In Allal v. Halvas, Case No. B248675 (2d Dist., Div. 8 Nov. 7, 2014) (unpublished), defendants majority shareholder and corporation prevailed in a dissolution suit after invoking Corporations Code 200’s appraisal buy-out remedy, with plaintiff only receiving

News. . . . Fed Cir Vacates Fee-Shifting Sanction, Class Action Fee Of $152.4M Affirmed In B of A Securities Litigation, and Class Counsel Awarded $47.65M In Royal Bank of Scotland Securities Case

Uncategorized

  Federal Circuit Vacates Fee-Shifting Sanctions.      In AntiCancer, Inc. v. Pfizer, Inc., No. 2013-1056 (Fed. Cir. Oct. 20, 2014) (precedential), the Federal Circuit reviewed a district court fee-shifting sanction against plaintiff AntiCancer, which sanction was imposed as a condition of allowing plaintiff to supplement preliminary infringement contentions. The fee-shifting sanction was for fees and

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