Court Rejected Applying U.S. Supreme Court’s Perdue v. Kenny A. To Consumer-Fee Shifting Situations. In Walker v. Giuffre, 209 N.J. 124 (2012), the New Jersey Supreme Court consolidated two cases —Walker (where a multiplier was rejected under New Jersey’s fee-shifting Consumer Fraud Act) and Humphries v. Power Mill Shopping Plaza (considering whether a […]
Some Winners Are Predictable, Some Might Surprise You. Princeton Review publishes a yearly review ranking top law schools in 11 categories, based on information gathered from 185,000 students at 169 U.S. law schools The top five law schools for careers are: (1) Columbia (2) Chicago (3) Pennsylvania (4)
Second District, Division 8 Is Not Going To Be First Court To So Hold to the Contrary. In Aguilar v. Gostischef, Case No. B238853 (2d Dist., Div. 8 Oct. 13, 2013) (published), a plaintiff losing a leg in an automobile accident made pre-trial offers to attempt to accept defendant’s insured’s $100,000 policy limits
Lawyer Promotional Listings and Social LinkedIn Proof Showed the Affiliation With The Firm Being Defended. Be careful of what you list out there. That is the lesson from this one, notwithstanding the proliferation of lawyer “hype” listings and LinkedIn social connections. In Jensen v. Charon Solutions, Inc., Case Nos. B240651/B244155 (2d Dist.,
Punitive Damage Ruling Did Not Dispositively Bind Trial Judge From Awarding Fees Under Civil Code Section 3426.4. For those of you who follow our blog (or, for first time viewers, welcome), we have discussed many cases under our category “Trade Secrets” to the lefthand side of our Home Page. That happens to be
Plaintiff Winning $25,455 In Damages Also Received $33,253.15 in Fees/Costs. Plaintiff in Harmon v. Abdulzahara, Case No. E055089 (4th Dist., Div. 2 Oct. 9, 2013) (unpublished) won a breach of contract damages award of $25,455. Then, the lower court also awarded fees of $30,000 and costs of $3,253.15. Defendant appealed, but the appellate
$331,210.16 Fee Request Rebuffed. School district in Camberos v. Lewis, Case No. B230562 (2d Dist., Div. 2 Oct. 9, 2013) (unpublished) won a personal injury case through a nonsuit motion, but was denied a fee request of $331,210.16 under Code of Civil Procedure section 1038, a statute allow for fee recovery for a
Party’s Effort To Invalidate Agreements With Fee Clause Did the Trick For Fee Entitlement. In Eden Township Healthcare Dist. v. Eden Medical Center, Case No. A136695 (1st Dist.,, Div. 1 Oct. 9, 2013) (published), cross-defendant appealed a lower court’s decision denying it attorney’s fees under Civil Code section 1717 after cross-complainant lost a
Appellate Court Followed Maughan’s “Bright Line” Test on Appeal. In this one, the appellate court had to review whether a party truly prevailed on appeal in a prior appellate proceeding involving a SLAPP determination. The lower court said the party did, but the appellate court reversed. White and Yellow Cab, Inc. v.
Limited Partnership Fees Clause Was Broad, And Judicial Dissolution Statute Did Not Retard Fee Exposure. Limited partnerships (LPs), unfortunately, do foment a lot of legal disputes. No less, in this next case. The problem is that the losing litigant, although dismissing an involuntary dissolution cross-claim, lost both that as well as contractually-based claims
