Second District, Division 8 Decides In Unpublished Decision. In Martin v. Dept. of Fair Employment and Housing, Case No. B251186 (2d Dist., Div. 8 July 9, 2014) (unpublished), a litigant hit with routine costs argued he was denied due process based on the lower court’s later award of routine costs without argument of […]
Gotta Get Attorney’s Lien Adjudicated Against Client First. Mojtahedi v. Vargas, Case No. B248551 (2d Dist., Div. 3 July 9, 2014) (unpublished) is a stark reminder that a discharged attorney in a case seeking to recoup settlement funds against a client cannot just sue the second attorney directly without passing “go”—with “go” being
Damages Could Be $675 Million Or More; NFL Agrees To Pay And Not Contest $112.5 Million In Fees/Costs To Class Counsel. On July 7, 2014, U.S. District Judge Anita B. Brody gave preliminary approval to a settlement in In re NFL Player’s Concussion Injury Litig., No. 2:12-md-02323-AB (E.D. Pa. July 7, 2014, Doc.
Judgment Modification Terms Were Too Speculative in Nature. Katz v. El Paseo Collection Elegante, Case No. G049807 (4th Dist., Div. 3 July 7, 2014) (unpublished) is a nice follow-on to our July 2, 2014 post in which we explored case law on what type of nonmonetary provisions in a CCP § 998 offer were
Answers: “No” on Elder Abuse; “Yes” on Fraudulent Transfer. In Conservatorship of McQueen, Case No. S209376 (Cal. Supreme Court July 7 2014), the California Supreme Court faced an interesting timing issue as to when appellate fees must be filed for and sought in a post-judgment enforcement situation. Specifically, the plaintiff prevailed on both elder
We Tell You Below. Based on an article in the June 30, 2014 edition of the Orange County Business Journal, the average cost to take a patent litigation through trial exceeds $4 million!
Patent Trolls First. Although patent troll legislation has stalled for now in Congress, the dual U.S. Supreme Court decisions in Octane Fitness, LLC v. Icon Health & Fitness, Inc., 134 S.Ct. 1749 (2014) and Highmark, Inc. v. Allcare Health Mgmt. Sys., Inc., 134 S.Ct. 1744 (2014) may have given some impetus to defendants
Problem Was That Arbitrator Could Construe Settlement Agreement, While Probate Court Could Control Arbitrator Appointment Issues. This is a case where a trust beneficiary in Estate of Buser Trust, Case No. Do63381 (4th Dist., Div. 1 July 3, 2014) (unpublished) somewhat stepped into litigation “goo,” especially where both a probate court and arbitrator were
Earlier June 2014 Opinion Now Published. We can now report that Singh v. Lipworth, a Third District unpublished decision which we discussed in a June 19, 2014 post has now been published. It discusses the range of appeal sanctions which can be awarded to an opposing party as well as the appellate court for
Also, Pretrial Settlement Activity Would Have Been Futile, So Remand to Fix Fees. In Reynolds v. City of Calistoga, Case Nos. A134190/A135501 (1st Dist., Div. 5 July 3, 2014) (unpublished), a litigant was denied CCP § 1021.5 fees under the private attorney general statute claiming entitlement as a “catalyst” on one major issue in
