Author name: Marc Alexander

Sanctions/E-Discovery/Substantiation Of Fees: New York Federal Magistrate Clarifies That FRCP 37 Fee Recovery Can Be Had For Attorney Rates From Outside The Case Venue Area

Cases: Discovery, Cases: Sanctions, Cases: Substantiation of Reasonableness of Fees

  Magistrate Also Discounts 10% Across the Board for “Block Billing.”      Ceglia v. Zuckerberg, 2012 WL 503810 (W.D.N.Y. Feb. 14, 2012) is a federal opinion from outside California that caught our eye for its departure from the so-called “forum rule”–reasonable attorney’s fees in the fee-shifting area are usually based on the work for comparable […]

Judgment Enforcement: Notice Of Lien Encompassing Prior Fee Judgment To Law Firm Enforcement Order Had To Be Reversed

Cases: Judgment Enforcement

  Lower Court Needed to Enter Final Judgment Under CCP § 708.470, But Appellate Court Preserved Priority Status Quo While This Was Being Accomplished.      Well-known Orange County law firm in Grabowski v. Rutan & Tucker, Case No. G044438 (4th Dist., Div. 3 Feb. 24, 2012) (unpublished) obtained a judgment against client for legal fees.

Consumer Statutes/Substantiation Of Fees: Anti-Spam Winning Plaintiff Garners $81,900 In Attorney’s Fees After Winning $7,000 In Liquidated Anti-Spam Damages

Cases: Consumer Statutes

  Fee Substantiation Was Adequate, Where Detail Told the Appellate Court All You Needed to Know.      For all of you Spam lovers (bad pun, because this is really, an Internet Anti-Spam case), this next case will be of interest. Not to mention the derivation of the term “spam” in the email context–we will leave

Consumer Statutes: Appellate Court’s Reinstatement Of Restitutionary Award To Mobilehome Residents Justified $388,759.00 Fee And $39,486.98 Cost Awards

Cases: Consumer Statutes

  Special Mobilehome Residency Law Fee-Shifting Provision Entitled Plaintiffs to Fee/Costs as Prevailing Parties.      Civil Code section 798.85 is a special fee-shifting statute in the Mobilehome Residency Law statutory scheme, mandating an award of reasonable attorney’s fees and costs to the prevailing party under the scheme.   Above:  Palace mobile home.  Washington, D.C.  September

Equity/Substantiation Of Fees: Trial Courts Have No Limitations On Equitable Discretion To Apportion Attorney’s Fees In Partition Actions

Cases: Equity, Cases: Substantiation of Reasonableness of Fees

  Second District Panel Disagrees With Contrary Holding in Finney; Approximation of Hours Under Penalty of Perjury Can Be Adequate Fee Substantiation.      The Second District, Division 4 in Lin & Lin v. Jeng, Case No. B232899 (2d Dist., Div. 4 Feb. 23, 2012) (certified for publication) considered the extent of trial court discretion to

IN THE NEWS . . . . Missouri May Attempt To Eliminate American Rule Fee Shifting, Texas Appellate Court Finds 1 Multiplier Enhanced Lodestar Was Abuse Of Discretion In Class Action Case, And Georgia U.S. District Judge Orders Fees Against Delta In Antitru

In The News

  Missouri Legislature Proposal Draws Ire from Pro-American Rule Advocate.      Brett Emison, in a February 20, 2012 post at injuryboard.com, is steaming mad about a Missouri bill pending to change “American rule” fee-shifting in personal injury cases for purposes of discouraging frivolous suits. Even though Mo. Rev. Stat. § 514.205 seems to already have

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