Author name: Marc Alexander

Insurance/Tort Of Another: Misrepresenting Insurance Broker Properly Hit With Attorney’s Fees Under Tort Of Another Doctrine With Respect To Insurer’s Winning Cross-Complaint

Cases: Insurance, Cases: Tort of Another

  Broker Also Liable To Insured for Fees Under Tort of Another, But Matter Had To Be Reconsidered Given Reversal Of Judgment In Favor Of Insured And Against Insurer.      De La Torre v. Century Surety Co., Case No. D061028 (4th Dist., Div. 1 Feb. 24, 2014) (unpublished) was tripartite litigation involving insured versus insurer, […]

In The News . . . . U.S. Law Schools With Biggest Enrollment Drops Are Announced, Howrey Bankruptcy Clawback Decision Worrying Some, And Several U.S. Large Firms See Large Revenue Drops In 2013

In The News

  Law School Enrollment Drops.      The law schools with enrollment declines above 35 percent were: *University of La Verne (down 66.2%) *Cooley Law School (down 40.6%) *Catholic University (down 39.5%) *New York Law School (down 38.7%) – not to be confused with NYU Law School *University of Dayton (down 38.5%) *Pacific McGeorge (down 38.4%)

Costs: Defaulted Defendant Had No Right To File Costs Memorandum, So Motion Taxing Costs Properly Granted

Cases: Costs

  Defaulted Defendant, Although Getting Remand On Damages, Did Not Show Prevailing Party Status.      Although somewhat intuitive, Justice Fybel in a case involving defaulted defendants confirmed a common sense result where a defaulted defendant, only winning a remand on damages on appeal, claimed he was the prevailing party entitled to routine costs at the

Costs/Special Fee Shifting Statute/Small Claims: Are Legal Consultation Expenses Recoverable As Fees For A Prevailing Party In A Small Claims Action?

Cases: Costs, Cases: Special Fee Shifting Statutes

  Answer: No Case On The Issue We Are Aware Of, But We Will Give Our Guess.      A blog follower asked us if a small claims prevailing party can collect legal consultation expenses as “cost of the action” after prevailing—an apparent claim often made by winning small claims litigants.      We could not locate

Substantiation Of Fees: Lower Court Allowing Submission Of Supplemental Fee Billings In Class Action Case On Reasonableness Issues Must Allow Opposing Side To Review Them

Cases: Substantiation of Reasonableness of Fees

  Due Process Required No Less.      Concepcion v. Amscan Holdings, Inc., Case No. B247832 (2d Dist., Div. 7 Feb. 18, 2014) (published), although occurring in a class action context, is actually a decision that teaches a due process pointer in the area of substantiating attorney’s fee submissions before a trial judge.      In response

In The News . . . Orange County Deputies Settle “Donning And Duffing” Suit

In The News

  Plaintiffs’ Attorneys Obtain $400,000 In Fees/Costs Under Settlement, While County’s Defense Legal Fees Reportedly Tallied Up To $1.8 Million.      In a February 16, 2014 article in The Orange County Register, it is reported Orange County deputies settled both a class action and certain individual suits against the County for “donning and doffing” (seeking

Costs: Trial Court Did Not Err In Refusing To Apportion Routine Costs Where Losing Multiple Plaintiffs Proceeded Against Defendant On Single Theory

Cases: Costs

  Trial Judge Committed No Abuse in Having Winner Chase 49 Individual Plaintiffs to Collect $2,700 Pro Rated Costs Rather Than the Whole Enchilada.      In Aspell v. Mercury Casualty, Case No. B244501 (2d Dist., Div. 2 Feb. 13, 2014) (unpublished), an insurer obtained a jury verdict in its favor against 49 homeowners claiming they

Prevailing Party/Special Fee Shifting Statute: Plaintiff Losing Against Defendant Properly Exposed To Adverse Fee Award Under Mobilehome Residency Law

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

Arose Is Arose Is Arose Is Arose Gertrude Stein.  Carl Van Vechten, photographer.  1935.  Library of Congress. “Arose From” Language Encompassed Other Claims; Losing Plaintiff Did Not Prevail Given Specific Prevailing Party Definition Under Statute.      In the fee area, one needs to pay particular attention to the wording of a specific fee-shifting statute. The

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