Author name: Marc Alexander

Costs/Reasonableness Of Fees: Fee Award To Prevailing Party Of $80,000 Sustained Even Though Request Was $560,236.47

Cases: Costs, Cases: Reasonableness of Fees

  Deposition Costs Disallowed Where No Detail Provided.      The next case from our local Santa Ana appellate court teaches two lessons: (1) prevailing parties filing costs memoranda need to utilize the entire Judicial Council forms, including the worksheets which have more detail that just the initial summary page; and (2) Civil Code section 1717 […]

Retainer Agreements/In The News . . . . New York Voids Retainer Agreement Terms Discouraging Clients From Following An Exiting Attorney

Cases: Liens for Attorney Fees, Cases: Retainer Agreements, In The News

  Attorney Lien “Penalty” Provision Also Invalidated.      As reported by both the American Bar Association Journal and Buffalo News in January 10, 2012 posts, New York Supreme Court Justice John A. Michalek voided two provisions in a retainer agreement apparently designed to encourage clients from following an exiting attorney to another legal firm. The

Prevailing Party: Party Obtaining Dismissal For Other Side’s Violation Of Five-Year-to-Trial Rule Does Prevail Under Civil Code Section 1717 For Fee Recovery Purposes

Cases: Prevailing Party

  Decision Is Also a Cautionary Tale on Stipulations to Extend the Five Years To Another Date Certain.      The Third District in City of Stockton v. Central San Joaquin Water Conservation Dist., Case No. C063824 (3d Dist. Jan. 11, 2012) (unpublished) is a situation where litigants stipulated to an extension of the five-year-to-trial limit

Judgment Enforcement: Appellate Court Affirms 40% Reduction of Fees Incurred On Remand Of Prior Appeal Allowing Recovery Of Bankruptcy Judgment Enforcement Efforts

Cases: Judgment Enforcement

  $274,495 Request Properly Pared Down to $164,697.      Pacelli v. Jaffe, Case No. B213228 (2d Dist., Div. 3 Jan. 9, 2012) (unpublished) is the culmination of a lot of fights involving post-judgment enforcement proceedings. After the appellate court remanded to allow the judgment creditor to recover for post-judgment enforcement efforts in the bankruptcy court

Substantiation Of Reasonableness Of Fee Request: Defense Request For FEHA “Frivolousness” Fee Recovery Denied Because Of Block Billing

Cases: Allocation, Cases: Reasonableness of Fees

  Block Billing Vitiated Certainty of Defense Request for Allocated Fee Recovery.      We have many, many times before warned about the dangers of block billing. Under governing California law, block billing can result in draconian results when a trial court considers a fee request–it can disregard the billing in entirety or reduce the request

In The News . . . . Federal Circuit Affirms $4.7 Million Fee/Expert Costs Award Against Losing Patent Infringement Litigant

In The News

  Case Deemed Exceptional for Fee Award and Expert Fees/Costs Were Within Inherent Sanctioning Power of District Court.      In MarcTec LLC v. Johnson & Johnson and Cordis Corp., Case No. 2010-1285 (Fed. Cir. Jan. 3, 2012), the Federal Circuit affirmed a Sourthern District of Illinois district judge’s rulings by which a $3,873,865.01 attorney’s fees

In The News . . . . San Francisco Consumer Group Plaintiff Denied Request For $96,200 In Attorney’s Fees For Interim Partial Win

In The News

Cool Response to Fee Request in Cell Phone Radiation Case      As reported by Bob Egelko in a recent post at sfgate.com (home of the San Francisco Chronicle), CTIA-The Wireless Association–after earlier partially prevailing in a suit to narrow San Francisco’s novel law requiring cell phone dealers to warn about possible radiation dangers–was not successful

Family Law: Needs-Based/Sanction Fee Awards To Wife Were Correct

Cases: Family Law

  Appellant Failed to Provide Fair Statement of Evidence or Support Argument With Proper Analysis.      Marriage of McIntyre and Shayan, Case No. B229106 (2d Dist., Div. 8 Jan. 6, 2012) (unpublished), although involving a pro per appellant husband losing a needs-based/sanctions fee award to wife, does reinforce certain principles that every appellant needs to

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