Plaintiff’s Appeal of the 80% Cut Denied Earlier; Defendant’s Appeal for a Further- Still Reduction Rejected. Above: Haircut. Japanese army. c1905. Library of Congress. Henderson v. Carter, Case No. B243220 (2d Dist., Div. 5 Sept. 11, 2013) (unpublished) is a follow-up to a prior unsuccessful appeal by a winning civil rights plaintiff […]
As reported in a September 6, 2013 post at Huff Post Politics, a federal judge has ordered 4 Iraqi prisoners at Abu Ghraib to pay over $14,000 in routine court costs after losing a case against defense contractor CACI, which obtained dismissal of the federal case against it based on immunity grounds. (CACI
Rossa Decision Found to Provide Dispositive Analytical Template. Here is an interesting unpublished decision dealing with whether a successful appellant is entitled to recover the costs of borrowing money to make an undertaking deposit with the trial court as security during the appeal. The appellate court answered “no.” In Andreini & Co.
District Judge Must Explain Cuts With Specificity, Showing Math With Transparency And Not Capping Based on Compensatory Damages Amount. Gonzalez v. City of Maywood, Case No. 11-56594 (9th Cir. Sept. 9, 2013) (for publication) is must reading for civil rights practitioners filling fee petitions. However, it also has valuable lessons for attorneys involved
Ninth Circuit Affirms Fee Award to NVIDIA Class Counsel. In Nakash v. NVIDIA Corp., Case No. 11-15186 (9th Cir. Sept. 4, 2013) (not for publication; per curiam), a Ninth Circuit Court of Appeals panel affirmed a $13 million fee award to plaintiffs’ class action counsel in a defective computer component case. In a
Orange County Water District North Basis and South Basis Lawsuits. Andrew Galvin, in a comprehensive article in the September 6, 2013 edition of The Orange County Register, details the Orange County Water District’s lawsuits–called the “north basin” suit and “south basin” suits–brought to obtain money to remediate contamination in certain groundwater acquifers in
As Far As Awarding Fees, Orange County Default Fee Schedule Suggested in Remand Look If Entered Judgment Significantly Reduced In the “Redo”. The Fourth District, Division 3 has published several decisions in the unlawful penalty area involving leases with certain penalties and judgment stipulations having an increased penal amount feature over/above any agreed-upon
Court of Appeal Also Decides that Court Can Strike Portions of Claim Allegations in SLAPP Proceedings. Cross-defendant in a defamation cross-claim partially won a SLAPP motion by which the lower court granted the motion by striking SLAPP-able allegations and denied the motion by allowing the unprotected theories to remain. The trial judge refused
Two Appeals Demonstrate How Overall Equities Factor Into Appellate Sanctions Decisionmaking Process. Here are two interesting appeals by a sanctioned client and attorney from lower court decisions, with appellate sanctions being sought by the respondents on appeal. The results are interesting and decided by Acting Presiding Justice Bedsworth on behalf of identical 3-0
Young v. State Water Resources Control Bd., Case No. C068559 (3d Dist. Sept. 4, 2013) (published) Customers of water distribution company won mandamus on a water diversion jurisdictional issue and the Water Board conceded their ability to participate in administrative proceedings, which triggered a lower court award of fees to customers under the
