Author name: Marc Alexander

In The News . . . . Five Plaintiffs’ Firms Appeal District Judge’s Rejection Of Attorney’s Fees In Toyota Prius Headlights Class Action

Cases: Class Actions, In The News

       The Ninth Circuit in the Bluetooth decision (654 F.3d 935) reversed a prior attorney’s fees award to plaintiffs’ attorneys in a class action case, finding the district court failed to double check the lodestar amount against the percentage of recovery method. Bluetooth has been cited many times, and apparently played a big role […]

Section 1717/Special Fee Shifting Statute: Losing Plaintiffs’ Efforts To Recoup Monies Under Uniform Fraudulent Transfer Act Did Not Give Rise To Fee Exposure

Cases: Section 1717, Cases: Special Fee Shifting Statutes

  None Under Either Section 1717 or the UFTA.      The Fourth District, Division 1 in Levine v. McAvoy, Case No. D058894 (4th Dist., Div. 1 Aug. 2, 2012) (unpublished) decided that fee exposure was correctly not visited upon losing plaintiffs seeking to recoup monies from third-party transferees under the Uniform Fraudulent Transfer Act (UFTA).

In The News . . . . Local Nebraska Attorney Business Loses Bid To Obtain More From His Out-of-State California Attorney Colleagues In General Motors Auto Accident Settlement

In The News

  Nebraska Jury Found Additional Requested Appellate Work Was Excluded From Attorneys’ Agreement on Fee Division for Nebraska Counsel Efforts.      As reported on July 31, 2012 by Martha Neil in The American Bar Association Journal, a Lancaster County, Nebraska jury rebuffed a local Nebraska attorney’s attempt to obtain $562,500 more for appellate work based

In The News . . . . First Circuit Court of Appeals Overturns $30 Million Attorney’s Fees Award In Volkswagen Oil-Sludge Defect Case

Cases: Class Actions, In The News

  State Law, Not Federal Law, Should Have Governed Fee Inquiry.      The U.S. Court of Appeals for the First Circuit reversed a Boston federal judge’s award of around $30 million in attorney’s fees to plaintiffs’ lawyers in multidistrict litigation over an alleged oil sludge defect in certain Volkswagen cars.      The basis for the

Discovery/Sanctions: $5,000 Sanctions For Unsuccessfully Opposing A Protective Order On Marital Privilege Issue Reversed

Cases: Discovery, Cases: Sanctions

  Substantial Justification for Opposition Given Unsettled Law on Scope of Marital Privilege.      Plaintiff and her attorney were sanctioned $5,000 for unsuccessfully opposing a protective order motion brought by a third-party attempting to protect certain information from discovery under the marital privilege. The trial court thought the law clear on the issue and sanctioned

Appeal Sanctions/Deadlines: Second District, Division 6 Reminds Us Of Procedural Nuances On The Subject Of Appeal Sanctions And Seeking Attorney’s Fees On Appeal

Cases: Appeal Sanctions, Cases: Deadlines

  Cal. Rules of Court Do Contain the Proper Procedures in These Areas.      Justice Yegan in Sandler v. San Wall Properties, Case No. B234643 (2d Dist., Div. 6 July 31, 2012) (unpublished) does remind us of some procedural nuances on two subjects: (1) appeal sanctions; and (2) attorney’s fees on appeal.      There, winning

Special Fee Shifting Statutes: CCP § 1218 Contempt Fee-Shifting Provision May Allow Fee Recovery To In Pro Per Attorney Party If She Can Establish Attorney-Client Relationship In Representing A Co-Plaintiff

Cases: Special Fee Shifting Statutes

  Private Attorney General Decisions on Subject Found Analogous.      Rickley v. Goodfriend, Case No. B234152 (2d Dist., Div. 7 July 30, 2012) (published) is an interesting decision where a co-plaintiff in pro per attorney, who is a member of the California bar, sued neighbors with her co-plaintiff spouse.  Plaintiffs obtained contempt judgments against defendants

News: Billing Rates In New York; County Settles Jaramillo Case, Including Attorney Fee Payout; Santa Clara Will Require Closer Monitoring Of Court-Appointed Estate Managers; Ireland, Spain And Fees

In The News

READ ALL ABOUT IT AT CAL ATTORNEY’S FEES !   New York Billing Rates for Associates Go Up 7.5% From 2011, Compared to Only 3.4% For Partners and 3.6% For Other Counsel.      Recently, a Valeo Partners report has shown that over the past year, billing rates for New York associates have risen by 7.5%

Private Attorney General: Prior Published Appellate Decision On State Service Eligibility Did Provide A Public Benefit To Similarly-Situated Applicants

Cases: Private Attorney General (CCP 1021.5)

  Plaintiff Did Not Have to Prove Size of Positively Impacted Class of Applicants.      We would like to give a “Hat Tip” to Greg May, who authors the California Blog of Appeal, who discussed the case of Samantha C. v. State Dept. of Developmental Services, Case No. B232649 (2d Dist., Div. 1 June 21,

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