Author name: Marc Alexander

Appealability/Retainer Agreements: Longstanding Client-Attorney Dispute On Appeal Dismissed When Superior Court Orders New Arbitration Rehearing

Cases: Appealability, Cases: Retainer Agreements

  Also, Clues Offered on Unlawful Retainer Agreement Arbitration Clauses.      Weissman Wolff et al. v. Singh, Case No. B240550 (2d Dist., Div. 7 May 28, 2013) (unpublished) is a longstanding–if not long running–dispute between an ex-client and ex-attorneys. It teaches two lessons:      1. One, from an earlier appeal, is that a retainer agreement […]

In The News . . . . Montana Couple Disputing $93.99 Of Judgment Obtained By Former Lawyers Hit With Another $5,000 In Collection Fees By Montana Supreme Court

In The News

       Wittich v. O’Connell, No. DA 12-0199 (Montana Supreme Court May 7, 2013) shows the dangers existent when a contract has a fees clause. There, a Montana couple disputed $93.99 of an earlier default $3,000 judgment obtained by former attorneys representing them, although satisfying the balance. The firm apparently chose to expend fees in

Specific Fee Shifting Statute: Plaintiff’s Untimely Vaccine Petition Did Not Mean She Could Not Recover Fees Under National Childhood Vaccine Injury Act

Cases: Special Fee Shifting Statutes

  The United States Supreme Court in Sebelius v. Cloer, No. 12-236 (U.S. May 20, 2013) has spoken.      Children await inoculation.  1944.  Library of Congress.      In this case, plaintiff filed a petition to recovery for injuries due to vaccines under the National Childhood Vaccine Injury Act. However, a special master found the petition

Insurance: Carrier Found To Breach Duty To Provide Cumis Counsel Cannot Later Bring Unjust Enrichment Suit For Fee Reimbursement Against Cumis Counsel

Cases: Insurance

  Holding is Narrow, Not Barring Fraudulent Billing Suit of the Right Nature.      J.R. Marketing, L.L.C. v. Hartford Cas. Ins. Co., Case No. A133750 (1st Dist., Div. 3 May 17, 2013) (unpublished) is an interesting case for insurance practitioners following our blog.      There, an insurance carrier was found to have breached a duty

Prevailing Party/Section 1717/Substantiation Of Fees/Allocation/Reasonableness Of Fees: Tobacco I Case Now Certified For Publication

Cases: Allocation, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

"Alex," prize German police dog and pet of Miss Ailsa Mellon, daughter of Treas. smokes cigarettes n’everything. Alex’s father is the $12,000 prize police dog "Wolfe".  1924.  Library of Congress.       In our April 27, 2013 post, we explored Tobacco I, an April 23 unpublished decision out of the Fourth District, Division 1 dealing with

Arbitration: Legal Costs Of Enforcing And Interpreting Settlement Agreement Properly Denied Because These Were Arbitral Issues

Cases: Arbitration, Cases: Costs

  Holding Somewhat Came to the Same Result as Watson v. Knorr, But Based On Uniquely Worded Settlement Agreement Fees/Cost Clauses.      “Like spectators at a sporting event with a beach ball, some litigators manage to keep an action bouncing along in the air indefinitely,” is the beginning sentence in De Sena v. Richert, Case

Tort Of Another: Pleadings For Fee Recovery Properly Jettisoned Where Defendants Sought To Recoup Fees Expended To Defend Their Own Wrongdoing

Cases: Tort of Another

Very interesting, but not funny.      In Kayne Anderson Private Investors v. Colak, Case No B239111 (2d Dist., Div. 2 May 16, 2013) (unpublished), plaintiffs got hit with a multimillion arbitration award based on breaching a Stock Purchase Agreement representation/warranty by providing inaccurate information (although not being found liable for fraud). A CEO of one

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