One of Our Few Posts Which Might Interest Criminal Practitioners. This is one of the few posts that might interest criminal practitioners or practitioners who have a mixed criminal/civil practice. The Santa Cruz District Attorney’s Office in Lee v. Superior Court, Case No. H039380 (6th Dist. Apr. 14, 2014) (unpublished) had a […]
Arbitral Finality Rule Violated, If Trial Court Could Award Arbitration Fees Never Conferred By Arbitrator. FEHA plaintiff was forced to arbitrate her case, but was “defensed” in the arbitration although the arbitrator did not assess any attorney’s fees or costs against her. However, the defense moved to recover fees and costs, with the
Third Circuit Sustains Using Percentage of Recovery Method, “Cross Checked” By Lodestar Analysis, In Setting Class Action Counsel Fees. In Dewey v. Volkswagen of America Inc., Case Nos. 13-1123/1124 (3d Cir. Feb. 12, 2014) (not published/not precedential), the Third Circuit Court of Appeals sustained a $9,207,248 attorney’s fees award to class action counsel
E.D. Cal. Federal Magistrate Judge Applied 40% Downward Adjustment Based on Limited Success. Hall v City of Fairfield, Case No. 2:10-cv-0508 DAD (E.D. Cal. Doc. No. 227 Mar. 31, 2014 [order granting attorney’s fees]) is a tutorial on principles governing award of attorney’s fees in the civil rights area under 42 U.S.C. §
CCP § 1021.5 Fees Denied Because Benefit Was Personal in Nature. Whistler and friends. Library of Congress. Plaintiff whistleblower, a Los Angeles County sheriff, must have mixed emotions in Hager v. County of Los Angeles, Case Nos. B238277/239897 (2d Dist., Div. 3 Apr. 11, 2014) (unpublished). He won a substantial jury
Losing Party Played It Well All Along the Way. Looks like the appellate courts have been facing a lot of post-judgment enforcement fee issues lately, as recent posts have demonstrated. Here is another one to add to the list. Horath v. Hess, Case Nos. D063124/D063709 (4th Dist., Div. 1 Apr. 10, 2014)
Annual Coverage, Contractual Coverage, Statutory Coverage (Under Some Statutes), And Multiple/Possible Exposure Coverage Available. Because most standard insurance policies do not cover adverse attorney’s fees awards, we have informed you over the last few years about a suite of litigation insurance policies designed to protect plaintiffs and defendants from the risk of having to
However, Sellers Were Liable To Third-Party For Losing Their Contractual/Indemnity Claims, Which Were Intertwined And Needed No Apportionment. Real estate buyer lost tort/statutorily-based nondisclosure claims to the sellers in a dispute where a purchase agreement had a fees clause mandating fees in an action brought “with respect to the subject matter of enforcement
Number of Years of Experience But One Factor. The winner of a commercial lease dispute with a fees clause was awarded $54,817.50 in fees, about 30% less than requested. On appeal, the loser argued that the trial court had to rely on the U.S. Attorney’s Office’s Laffey Matrix information in fixing fees. The appellate
Arbitration Award Winner Did Prevail In Subsequent Action, Despite Uncertainty As to Whether Fees Were Damages or Post-trial Costs. Whyaduck Productions, Inc. v. Block, Case No. B245051 (2d Dist., Div. 7 Apr. 9, 2014) (unpublished) is a case which somewhat flummoxed the appellate court given a sparse record and the position of the
