Author name: Marc Alexander

Fee Clause Interpretation: Narrow Contractual Fees Clause Meant Plaintiff Prevailing In Malicious Prosecution Case Cannot Recoup Fees For Prosecuting Case

Cases: Fee Clause Interpretation

  $217,590 Fee Recovery Went POOF!, And Compensatory Damages Will Get Scaled Down For Fees Recovered As Malicious Prosecution Damages.      The Fifth District in Smeed v. Galtar, LLC, Case No. F067110 (5th Dist. Aug. 19, 2014) (unpublished) considered a plaintiff/former defendant seller who won a malicious prosecution case against defendant/former buyer arising from a […]

Fee Clause Interpretation/Section 1717: Narrow Fee Clause Limited To Settlement Agreement “Parties” Could Not Encompass Different Persons, Even If Third Party Beneficiaries To The Fee Clause

Cases: Fee Clause Interpretation, Cases: Section 1717

  Blickman Decision Found Persuasive By Appellate Court.      In a somewhat complicated post-probate settlement context, beneficiaries of a trust prevailed against a law firm–which had been previously owned by both the current owner and the deceased trustor of the trust—by obtaining a favorable summary judgment ruling based on a probate settlement agreement entered into

POOF!/Prevailing Party/Trade Secrets: Prior Reversal Of Tort Claim Dismissals In Trade Secret Case Meant Attorney’s Fees Award Had To Be Overturned Also

Cases: POOF!, Cases: Prevailing Party, Cases: Trade Secrets

  $1.5 Million Award Went POOF!      Earlier, in Angelica Textile Services, Inc. v. Park, Case No. D063027 (4th Dist., Div. 1 Aug. 19, 2014) (unpublished), the appellate court overturned a lower court dismissal of certain tort claims based on the notion that the Uniform Trade Secrets Act (UTSA), which has a fee-shifting provision if

News . . . . NY Determines Unfinished Cases Are Not Former Law Firm Partnership Property, Huge Discovery Costs in Federal Cases, Summer Internships and Law Grad Market Improving, And Law Schools Are Paying Many Of Grads’ Salaries Post-Graduation

Uncategorized

       We would like to thank Tom Basehart, co-contributor Mike’s father-in-law, for clipping newspaper and magazine articles of interest for our blog, which we now synopsize. New York Court of Appeals Comes to Different Result than Jewel v. Boxer.      Much like Northern District of California federal judge Charles Breyer did in In re

Billing Record Substantiation: N.D. Cal. District Judge Reduces Fees In Obtaining Trademark Infringement Default Judgment For Insufficiently Described Entries, Overly Redacted Entries, And Unreasonable Time Expended

Cases: Billing Record Substantiation

  “Due Diligence” or “Attention to” Entries Found Too Vague.      U.S. District Judge William H. Orrick faced a $158,678.51 fee request by a well-known national firm for ultimately obtaining a default judgment in a trademark infringement case against a defendant using a similar download to “Cognizant.” In Cognizant Technology Solutions U.S. Corporation v. McAfee,

In The News . . . . Irvine City Council Candidate Unsuccessfully Tries To “SLAPP” Defamation Suit By Former Property Management Company For Quail Hill

In The News

  $3,000 In Fee Awarded to Prevailing Plaintiff; HOA’s Insurance Is Paying Candidate’s Legal Bills.      As reported in an August 17, 2014 article in The Orange County Register, the Quail Hill HOA is in quite a struggle with the Barracudas, one of 20 teams in the Irvine Swim League using the neighborhood swimming pool

In The News . . . . N.D. California District Judge Awards About One-Third Of Fee/Costs Request In Abaxis Derivative Action

In The News

  Hourly Rates Lowered, Excessive Time Discounted, and Multiplier Reduced.      In St. Louis Police Retirement Systems v. Severson, Case No. 4:12-cv-05086-YGR (N.D. Cal. Aug. 11, 2014) (Doc. No. 127), U.S. District Judge Yvonne Gonzalez Rogers confronted Plaintiffs’ request for recoupment of attorney’s fees and costs following a settlement in a derivative action against Abaxis,

SLAPP: Failure To Appeal From Post-SLAPP Fee Order Was Jurisdictionally Fatal

Cases: SLAPP

  Lesson Again—Separately Appeal Fee Orders.      Currier & Ives. c1877.  Library of Congress.      Plaintiffs were unhappy with a SLAPP grant and subsequent order awarding attorney’s fees to the prevailing party. They were even more unhappy on appeal in Gonzales v. County of Riverside, Case No. E056253 (4th Dist., Div. 2 Aug. 14, 2014)

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