Author name: Marc Alexander

Private Attorney General: Corporate Entity Advancing The State Of The Law, But Trying To Avoid Liability For Past Actions, Did Not Serve Public Interest

Cases: Private Attorney General (CCP 1021.5)

  Fee Recovery Not Allowable Under Adoption of Joshua S.      Adoption of Joshua S., 42 Cal.4th 945, 949, 956 (2008) established an additional restriction on the scope of California’s private attorney general statute (Code of Civil Procedure section 1021.5): fees cannot be awarded against someone who has not adversely affected the rights of the […]

Special Fee Shifting Statute: ERISA Attorneys Unite–Ninth Circuit Addresses “Appropriate Equitable Relief” Language Under Section 502(a)(3)

Cases: Special Fee Shifting Statutes

  Attorneys Properly Dismissed From Controversy, But Matter Remanded to See If Employer/Fiduciary Had to Bear Proportionate Fees And Costs Incurred by Plaintiff Employee In Recovering Third Party Tortfeasor/Uninsured Motorist Proceeds.      Well, we do not usually have a lot of ERISA issues to report on. Not today, we do.      CGI Technologies and Solutions,

Civil Rights: Plaintiff Losing FEHA Case Against Individual Liable For $40,000 Fee Award Based Upon Prosecuting Frivolous Action

Cases: Civil Rights, Cases: Employment

  Plaintiff Placed On Notice of Fee Exposure; Ability to Pay Was Considered.      Generally, plaintiffs losing FEHA cases do not face fee or costs exposure, except for an important BUT. BUT they will face fee exposure if the plaintiff’s action is found to be frivolous, unreasonable, or without foundation, even though not brought in

Arbitration: Nonprevailing Party In Arbitration Still Entitled To Postconfirmation Award Fees Of $591,818.18

Cases: Arbitration

  Postarbitration Proceedings Distinct From Arbitration Proceedings For Purposes of Fee Award.      Prime Associates Group, LLC v. NAMA Holdings, LLC, Case No. B226167 (2d Dist., Div. 4 June 19, 2012) (unpublished) is a case that upheld a substantial attorney’s fees award, drawing a distinction in the process between postarbitration and arbitration proceedings.      NAMA

Special Fee Shifting Statutes–Federal: 2005 Federal Judicial Center Study Provides A Roadmap For Fee Entitlement

Cases: Special Fee Shifting Statutes

  Part I: Fee Entitlement.      In 2005, Alan Hirsch and Diane Sheehey issued the second edition of “Awarding Attorneys’ Fees and Managing Fee Litigation” through the Federal Judicial Center.      Here, we provide you will their analytical outline of determining whether a fee award is in order under federal fee shifting statutes:      *

In The News . . . . E.D. La. Federal Judge Caps Fee Recovery From BP Settlement To 25% For Each Claimant Plus “Reasonable Costs”

In The News

     Above:  Student nurses’ “capping”ceremony.  1943.  Library of Congress.  Photographer:  Ann Rosener (1914-2012).      As reported by Reuters in a post on Friday, June 15, 2012, U.S. District Judge Carl Barbier of the Eastern District of Louisiana (in New Orleans) last month gave preliminary approval to a $7.8 billion settlement that BP reached to resolve

In The News . . . . Righthaven Suffers More Adverse Attorney’s Fees And Has Essentially Shut Down

In The News

Yet Again, No Haven for Righthaven      Righthaven LLC, a Las Vegas copyright infringement lawsuit filer, looks like it has essentially shut down amid numerous legal setbacks, after several judges have found that it had faulty copyright assignments or its infringement suits against mainly website operators/media defendants were protected by the fair use doctrine.     

Homeowner Associations: HOA Cannot Gain Fee Recovery Even For Frivolous Recall Election Dispute Loss By Plaintiff Homeowner

Cases: Homeowner Associations

  Statutory Language Did Not Encompass Losing Homeowners, So Concluded in a “Reluctant” Decision By the Appellate Court.      This next case demonstrates judicial restraint based on the appellate court’s construction of the governing statutory language. If they could have done otherwise, they would have — we surmise — but the panel left this “loophole”

Arbitration: Cinel v. Barna Just Published

Uncategorized

  Arbitration Waiver Decision Goes From Unpublished to Published Ranks.      On May 20, 2012, we did a post on Cinel v. Barna, an unpublished decision from the Second District, Division 1 sustaining an arbitration waiver decision because the parties could not reach an agreement on how to pay the arbitrator’s fees. We can now

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