Undisclosed Incentive Arrangement Meant Conflicts of Interest Predominated under Federal Equitable Principles, And Denial of Fees to All But One Objector Group Sustained Also. The Ninth Circuit just came out with its decision in Rodriguez/Frailich v. Disner, Case Nos. 10-55309 et al. (9th Cir. Aug. 10, 2012) (published), where they affirmed the denial […]
Fixing Tooth: Multiple Reasons Justified Deductions and Reductions in Fee Request. On remand from the Ninth Circuit, U.S. District Judge Dale Fischer concluded that she had “stopped too short” on her review of plaintiffs’ class action’s attorneys billings, determining that $283,000 was a reasonable fee award (quite a bit downward from her original
CCP § 177.5 Sanctions of $1,500 Also Vacated. Pori v. Superior Court, Case No. A135181 (1st Dist., Div. 1 Aug. 8, 2012) (unpublished) is an interesting case where the appellate court vacated contempt and CCP § 177.5 sanctions award against a criminal defense attorney in a peremptory writ proceeding. Defense attorney apparently
Majority Sustains Entire Award; Concurring Judge Would Have Remanded on Installment Payment Request by Husband. We have many times explored the nuances of Family Code sections 2030-2032, which allows a party to a dissolution proceeding to seek a need-based attorney’s fees award at any time by fling a motion or order to show
Indemnitee Drafted Pennsylvania Choice of Law Clause, Putative Indemnitor Conceded Fees Clause In Indemnity Agreement Was Reciprocal, And Apportionment Not Required Because Liability And Indemnity Issues Inextricably Intertwined. You knew where this one was going when it opened “Appellant . . . was hoist by its own petard when the trial court enforced
$2.5 Million Fee and $22,000 Costs Awards Went Away. In Al-Haramain Islamic Foundation v. Obama, Case Nos. 11-15468 et al. (9th Cir. Aug. 7, 2012) (published), the Ninth Circuit dealt with a situation where two private plaintiffs obtained statutory damages and substantial $2,515,387.09 fee and $22,012.36 costs awards under 50 U.S.C. § 1810.
Award Represented a 3.2 Multiplier. In McKenzie v. Federal Express Corporation, U.S.D.C., C.D. Cal. Case No. CV 10-02420 GAF (PLAx) (Doc. No. 139 July 2, 2012), U.S. District Judge Gary Allen Feess (appropriate last name for this post) awarded plaintiffs’ class counsel $2,062,500 in attorney’s fees in a California Labor Code wage/hour case,
On May 9, 2012, the California Supreme Court accepted for review the case of Martinez v. Brownco, 203 Cal.App.4th 507 (2012), which decided that a second CCP § 998 offer does not extinguish a prior one for purposes of shifting fees and costs. Martinez parted company with Wilson v. Wal-Mart Stors, Inc., 72
Apportionment Not Required. Weiss v. Citrus Heights, LLC, Case No. D058614 (4th Dist., Div. 1 Aug. 2, 2012) (unpublished) is yet a stark reminder in these economic times of fee exposure that can be visited upon foreclosed owners of homeowner association interests. The Jumbo Lemon. 1925. In this one, homeowners in
$79,297.93 Fee Award to Prevailing Party Under Settlement Agreement With Fees Clause Sustained on Appeal. Be careful what you ask for is the message of the next case we review. Jackson v. Saunders, Case No. H036370 (6th Dist. Aug. 2, 2012) (unpublished) was a somewhat wild litigation case over an easement necessary
