Study Arose Out of Consumer Financial Protection Bureau Review. As reported in a December 24, 2013 article in The Wall Street Journal, Mayer Brown law firm for the Chamber of Commerce Institute for Legal Reform launched a study out of concern that an ongoing review of arbitration agreements by the new Consumer Financial […]
$134,243.25 in Fees/$3,819.95 in Costs Went Away. Defendants prevailing on a successful motion to dismiss copyright infringement claims also requested $177,366.75 in fees (including $43,123.58 in “fees on fees”) and $3,819.95 in routine costs. The district judge awarded the defense $134,243.25 in fees and all of the requested fees based on a copyright
Rental Inhabitability Battles Are Contractual, Giving Rise to 1717 Fee Exposure, While Limited Success On Minimum Wage Mandatory Fee-Shifting Claims Requires Apportionment and Possible Reduction. This next case is hard to pigeonhole, because it involves cross-over issues in the Landlord/Tenant and Employment post sites. However, Staley v. Carlson, Case No. A133115 (1st Dist.,
Display, Loyalton, California. 2012. Carol M. Highsmith Collection. Library of Congress.
$7,500 Needs-Based Fee Order In Husband’s Favor Affirmed on Appeal. In Marriage of Delgado, Case No. D060905 (4th Dist., Div. 1 Dec. 24, 2013) (unpublished), wife’s requests for needs-based fees and Family Code section 271 sanctions were denied, with ex-husband eventually obtaining a needs-based fee order which wife had to pay to the
Appellate Fees After Prior Reversal Properly Appealable Under Collateral Order Doctrine. Defendants appealed from an assessment of $47,852.77 in appellate fees resulting from a prior appeal (involving a reversal) in Apex LLC v. Korusfood.com, Case No. G047737 (4th Dist., Div. 3 Dec. 23, 2013) (unpublished), where the appellate fees were awarded on remand.
Special Circumstances Were Shown in This One. Plaintiff/petitioner in Citizens for Open and Public Participation v. City of Montebello, Case No. B244106 (2d Dist., Div. 5 Dec. 23, 2013) (unpublished) sought writ relief for closed session Brown Act violations, with the lower court finding some violations but ultimately denying writ relief and petitioner’s
Each Side’s Arbitration Submissions Allowed Arbitrator to Award Fees–Invited Error, Pure and Simple. Here is an interesting case from our local appellate court affirming a substantial attorney’s fees award, even though based on dubious grounds, because both parties invited consideration of the relief in their own pleadings before the arbitrator. In Vadim
City of Bell Decision Distinguishable, Because Theft-Related Charges Are Different Than City-Approved Actions For Indemnification Purposes. Board of Directors of San Diego Employees‘ Retirement System approved City of San Diego’s proposal to purportedly “underfund” the employment retirement system in return for City’s resolution to broadly indemnify the board members from “any claim or
Suits Against Food Manufacturers and Suits Championing Disability Access Are Two Top Causes. The American Tort Reform Foundation has just come out recently with its 2013-2014 List of “Judicial Hellholes,” based on its perception of abusive or questionable tort litigation. The ATRF has rallied a coalition of generally conservative members under the rubric
