Author name: Marc Alexander

In The News . . . . One-Way Patent Fee Recovery Bill Pending; Fifth Circuit Decides On Fee Enhancements In Bankruptcy Arena; And D.C. Court of Appeal Applies Federal FOIA Test For Fee Recovery Under D.C.’s FOIA Statute

In The News

       We would like to thank the National Association of Legal Fee Analysis (NALFA) blog for providing us with information to blog on breaking developments in the attorney’s fees area. SHIELD Act Introduced in House of Representatives to Discourage Patent Troll Litigation.      As it stands now, attorney’s fees can be awarded in patent […]

Private Attorney General: Plaintiffs Losing Election Write-In Ballot Lawsuit Lost Bid For Fees And Potentially Liable For Intervenor Fees Of Almost $250,000

Cases: Private Attorney General (CCP 1021.5)

  Case Still Pending, With Motion for Reconsideration Arguing Against “Chill” From Ultimate Result.      Field v. Bowen, Case No. CGC-10-502018 (San Francisco Super. Ct. Aug. 1, 2012) is an interesting superior court decision in an election ballot write-in dispute eventually lost by plaintiff after a prior published appellate decision and then adverse decision on

Reasonableness Of Fees: Hard To Fit This One–Client And Attorney Squabble In Divorce Case Results In $400 Net Award To Wife

Cases: Family Law, Cases: Reasonableness of Fees

  Law Firm’s Appeal Lacked Merit on Procedural and Merit Grounds–”Get Outta Here”.      You know, this case does not really fit well within our categories, and co-contributor Marc is a stickler for trying to put our posts into categories. However, a very entertaining decision has come down from our local Santa Ana appellate court,

Reasonableness Of Fees/Social Security: Magistrate Judge’s Use Of An Informal, De Facto Cap For Awarding Fees In “Routine” Social Security Benefits Case Reversed

Cases: Reasonableness of Fees, Cases: Social Security

  Routine Is in the Eye of the Beholder–The Third Reduction Was Not Viewed Kindly By Ninth Circuit; “Judicial Intuit Gestalt” Reigned Supreme.      Costa v. Commissioner of Social Security Administration, Case No. 11-35245 (9th Cir. Aug. 24, 2012) (published) (per curiam) reinforces a theme we see at both the federal and state court levels

Retainer Agreement: Unclear Retention Agreement Resulted In Affirmance Of $13,333 Disgorgement Damages Award and Additional Fee/Costs Award Of $21,102 In Favor Of Criminal Defendant

Cases: Retainer Agreements

  Post-Execution Intent Evidence Deemed Irrelevant.      The next decision, Martinez v. Contreras, Case No. B231471 (2d Dist., Div. 4 Aug. 23, 2012) (unpublished), is a sobering reminder for all practitioners–not just criminal practitioners–of clearly defining the scope of services and payment arrangements at each step of the way. Criminal defense attorneys, we are sure,

Appealability/Discovery: Losing Plaintiff Filing Chapter 7 And Not Disclosing Lawsuit In Bankruptcy Lacks Standing To Appeal

Cases: Appealability, Cases: Discovery

  Appeal Dismissed Because Unscheduled Property Cannot Be Abandoned at Close of Bankruptcy Proceeding.      Lamas v. Infinity Ins. Co., Case No. B233042 (2d Dist., Div. 1 Aug. 23, 2012) (unpublished; 3-0 decision authored by Justice Johnson) is a situation where plaintiff appealed some discovery sanctions even though she had filed for Chapter 7 bankruptcy

Sanctions/Special Fee-Shifting Statute: Eleventh Circuit Decision In Shaygan Is A Sharply Split Decision On Interpretation of Hyde Amendment

Cases: Sanctions, Cases: Special Fee Shifting Statutes

  Defendant’s Attorneys Seeking Certiorari Grant by U.S. Supreme Court, With Several Amici Curiae Briefs Having Been Filed in Support of Defendant’s Position.      In 1997, the Hyde Amendment was enacted, giving federal district judges the authority to award fees and other expenses to criminal defendants proving gross misconduct on the part of federal prosecutors

Civil Rights: Although Some Fee Recovery In The Offing, $20,000 Fee Award Reversed For Failure To Consider Losing FEHA Plaintiff’s Ability To Pay

Cases: Civil Rights, Cases: Employment

  Federal and State Cases Require Consideration of “Pocketbook” Factor in FEHA Area.      Defendant must have been feeling pretty good. It had won a couple of prior appeals brought by a losing FEHA plaintiff/job applicant who unsuccessfully sued for national original discrimination under Title VII. Defendant moved for the fees in winning the two

Costs/Deadlines: Prevailing Defendant’s Reduced Costs Award Affirmed And Substantial Fee Award Against Another Defendant Alter Ego On Labor Violations Also Sustained

Cases: Costs, Cases: Deadlines

  Procedural Challenges to Costs and Fees Awards Did Not Prevail.      Guo v. Zhang, Case No. B235748 (2d Dist., Div. 4 Aug. 21, 2012) (unpublished) is a case where one defendant was held to be an alter ego of a business that was hit with compensatory damages for Labor Code violations and another defendant

Family Law: $30,000 Family Code Section 271 Sanctions Award Affirmed On Appeal

Cases: Family Law

  No Abuse Shown, Given that Husband Caused Wife to Run Up $76,252.05 During Pertinent Time Frame.      Marriage of Stafford, Case Nos. 133579/A133984 (1st Dist., Div. 3 Aug. 20, 2012) (unpublished) is one of those cases illustrating that trial and appellate courts demonstrate pragmatism when setting or reviewing Family Code section 271 sanctions awards.

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