Author name: Marc Alexander

Arbitration: Second District, Division Four, Affirms Judgment Confirming Attorney’s Fees Award And Liquidated Damages Against Attorney

Cases: Arbitration

The Arbitrator’s Award Assessing Fees, Costs, And Expenses Ran Only Against The Attorney, Not The Client      The highly deferential standard of review given to an arbitrator’s award, encompassing as it does the arbitrator’s resolution of questions of law or fact, largely explains the result in Kaufman v. Diskeeper Corporation, B247315 (2nd Dist. Div. 4 […]

In The News . . . Recent Article Chronicles Class Action Securities Fee Costs In Federal Litigation; Patent Troll Pending Legislation Contains Prevailing Party Fee Shifting Provisions; and New York Supreme Court Sanctions Plaintiff’s Counsel $10,000

In The News

  Feb. 2014 The Business Lawyer Article by Professor Grundfest Shows Fees Obtained By Class Counsel and Defense Counsel in Federal Securities Class Actions.      Joseph A. Grundfest has written an interesting article in the February 2014 edition of the ABA’s The Business Lawyer, calling for a reexamination of the basic presumption of reliance and

Fee Clause Interpretation/Section 1717: Party Under Merger Agreement Was Not Entitled To Fees Against Losing Party Under Separate Agreement (Not The Merger Agreement) With No Fees Clause Or Third Party Beneficiary Status

Cases: Fee Clause Interpretation, Cases: Section 1717

  Agreements Were Unambiguous, Not Allowing For Fee Recovery.      Where contracts with no extrinsic conflicts are involved, appellate courts will construe agreements by their terms—no fees clause, no fee recovery..      That is what happened in Sznyter v. Spun.com, Inc., Case No. D061832 (4th Dist., Div. 1 Apr. 25, 2014) (unpublished).      The basics

Probate: Probate Judge’s Awarding Former Trustee Only $27,256 Of Requested $77,415.80 In Claimed Trustee/Attorney’s Fees Was No Abuse Of Discretion

Cases: Probate

  Much of Time Was On Behalf of the Trustee In His Individual Capacity.      In the probate area, a trustee’s recovery of reasonable counsel fees for defending against a beneficiary’s claims is reimbursable if they are incurred in good faith and if they are for the benefit of the trust rather than the trustee

Laffey Matrix: DKN Holdings Decision Just Published

Cases: Laffey Matrix

  U.S. Attorney’s Office Laffey Matrix Not Binding On State Courts In Determining Hourly Rates.      On April 9, 2014, we posted on DKN Holdings, LLC v. Faerler, a Fourth District, Division Two unpublished decision finding that the U.S. Attorney’s Office Laffey Matrix (developed for the D.C. area) was not binding on state courts when

Cases Under Review: Elder Abuse/Judgment Enforcement Conflicting Scheme Fee Case Set For California Supreme Court Argument In May 2014

Cases: Cases Under Review

  May 7 Is Scheduled Argument Date.      We can now report that a fee case involving a conflicting battle between the Elder Abuse and Judgment Enforcement statutory schemes–Conservatorship of the Estate of McQueen (Ida) Taye (Fessha) v. Reed (Carol Veres), S209376 (Poochigian, J., assigned justice pro tempore)—has been scheduled for argument before the California

News: Since Thursday Last Week Typepad Has Been Besieged By A Distributed Denial-Of-Service Attack, Affecting Our Blog, And Countless Others

In The News

GRRRRRRRRR . . . .      If you are reading this post, we thank you for your loyalty!       Since last week, our internet platform, the usually very reliable Typepad, owned by SAY Media, has been subjected to a “distributed denial-of-service attack.”      A DDOS attack is intended to make a network resource unavailable to

Scroll to Top