Author name: Marc Alexander

Costs: Reasonable Labor Costs Of Attorneys And Paralegals To Prepare Administrative Mandamus Can Be Recovered By Record Preparing Governmental Respondent

Cases: Costs

  $37,528.14 Out of Requested $37,528.14 In Costs Was What Petitioner Had To Bear After Voluntarily Dismissing Mandamus Petition.      The Fourth District, Division 1, in Otay Ranch, L.P. v. County of San Diego, Case No. D064809 (4th Dist., Div. 1 Sept. 29, 2014) (partially published) determined that the reasonable labor costs of attorneys and […]

Arbitration: Judgment Confirming Revised Final Award Allowing Fee Recovery, Where Initial Final Award Denied Fees, Reversed On Appeal

Cases: Arbitration

  Arbitrator Did Exceed Powers in Correcting Awards on a Merits Issue, Especially Where JAMS Rule Did Not Allow For Reconsideration/Revisions of a Final Award.      Cooper v. Lavely & Singer Professional Corp., Case No. B251508 (2d Dist., Div. 4 Sept. 26, 2014) (published) is an important decision on correction and revisions of initial “final”

In The News . . . . Email Deleting Lawyer Hit With $366,099.81 In Sanctions By S.D.N.Y. District Judge, New Jersey Ethics Committee Rules Part-Time Municipal Judges Can Share In Extra-Venue Fees, and “Psychic Lawyer” Bills $250 An Hour

In The News

  New York Federal Judge Hits Lawyer and Two of His Businesses With Sanctions In Regulatory Fundamentals Group Case.      On September 24, 2014, U.S. District Judge Katherine B. Forrest (S.D.N.Y.) imposed an attorney and two of his businesses to pay $366,100 in attorney’s fees and expenses to plaintiff Regulatory Fundamentals Group LLC, an investor

Substantiation Of Reasonableness Of Fees: Attorney Declaration On Work Effort And Hourly Rate Adequately Supported Fee Motion

Cases: Substantiation of Reasonableness of Fees

  $19,125 Was The Fee Recovery.      Losing party hit with a $19,125 contractual fee award appealed in White v. Taylor, Case No. B252350 (2d Dist., Div. 4 Sept. 25, 2014) (unpublished). The principal basis was that an attorney declaration in support of work effort and hourly rates did not adequately underpin a fee award.

Bankruptcy/Equity/Sanctions: Fee Recovery Affirmed And Reversed In Part In Case Involving Federal Work and Vexatious Litigant Orders

Cases: Bankruptcy Efforts, Cases: Equity, Cases: Sanctions

  Some Should Have Been Sought In Federal Court, But Vexatious Litigant Sanctions And Addition Of Attorney As Judgment Debtor, Who Assisted Vexatious Litigant, Was Proper.      Kempton v. Clark, Case No. B248713 (2d Dist., Div. 2 Sept. 25, 2014) (unpublished) is a real imbroglio involving bankruptcy adversary and state court proceedings in which vexatious

In The News . . . . N.D. Cal. District Judge Approves $5.175 Million Fee Award In ADA Class Action

Cases: Civil Rights, Cases: Class Actions, In The News

  Settlement Involved ADA Compliance Relief, No Monetary Benefits to ADA Patrons.      Wheelchair ramp at Minneapolis Federal Building.  Carol M. Highsmith, photographer.  2012.  Library of Congress.      Moeller v. Taco Bell Corp., Case No. 4:02-cv-05849-PJH (N.D. Cal.) is a long-running ADA class action brought against Taco Bell, with the case alleging scooter-bound and wheelchair-bound

Arbitration/Prevailing Party: Losing Party Never Seeking To Compel Arbitration Had To Bear Big Fee Recovery In Litigation Case Against Prevailing Party

Cases: Arbitration, Cases: Prevailing Party

  $308,383.72 Fee Recovery Affirmed On Appeal.      In Ito v. Ito, Case No. A136513 (1st Dist., Div. 3 Sept. 24, 2014) (unpublished), one party, in an LLC dissolution case, received $461,958 plus title to 3 properties, while second party received $20,092 plus title to one property in litigation with fee-shifting clauses in LLC operating

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