Author name: Marc Alexander

Employment/Special Fee Shifting Statute: State Labor Commissioner Entitled To Fee/Costs Under Labor Code Section 98.7 Against Employer Held Liable To Employee For Retaliation And Employee Gets Indemnification Fees/Costs Under Labor Code Section 2802 After

Cases: Employment, Cases: Special Fee Shifting Statutes

  Respective Fee/Costs Awards of $232,435.50 and $101,078 Are Sustained.      Just to show you that the losing cases can unleash a lot of fee/costs exposure based on Labor Code statutes, the next one is a case in point.      In 1538 Cahuenga Partners, LLC v. Fabe, Case No. B222023 (consolidated) (2d Dist., Div. 8 […]

Family Law: Family Code Section 2102(c) Sanctions Order Reversed, But Needs-Based $260,000 Fee Awards Are Affirmed

Cases: Family Law

  Court of Appeal Determines Scope of Section 2102(c) and Reminds Practitioners That Section 2030/2032 Fees Are Based on Relative Needs Even With High Net Worth Spouses.      Marriage of Sorge, Case Nos. D57677/58611 (4th Dist., Div. 1 Jan. 5, 2012) (certified for publication) reversed a Family Code section 2102(c) breach of fiduciary duty sanctions

Allocation/Appellate Sanctions/Special Fee Shifting Statute: Fourth District, Division 3 Sanctions Plaintiffs’ Attorneys For CRC Appeals Violations And Losing Derivative Plaintiffs Are Hit With Substantial Fee Awards Under Civil Code Section 1717

Cases: Allocation, Cases: Appeal Sanctions, Cases: Special Fee Shifting Statutes

  Case #1: Appellate Sanctions Are Imposed.      In Alexandros v. Cole, Case No. G043715 (4th Dist., Div. 3 Dec. 30, 2011) (unpublished), plaintiffs lost a minority shareholder breach-of-fiduciary duty suit against various defendants and then lost their appeal. However, the appellate court also awarded $10,000 (out of a requested $30,000) in sanctions to defendants

Costs/Deadlines/Special Fee Shifting Statutes: Substantial Fee Awards Against Losing Subcontractor, After Contractor Paid Disputed Small Amount, Affimed On Appeal

Cases: Costs, Cases: Deadlines, Cases: Special Fee Shifting Statutes

  Some of the Appeals Were Untimely; College District Award of Costs and Fee Justified in Nature.      Subcontractor sued a general contractor and community college district on an approximate $100,000 extra work claim. Subcontractor lost many of the claims through pre-trial dispositive motions and dismissed the remaining claim after general contractor paid a disputed

Celebrities/Special Fee Shifting Statute: Orthopedic Surgeon Did Prevail In Commercial Name Misappropriation Case So That $320,000 Fee Award Was Proper

Cases: Celebrities, Cases: Special Fee Shifting Statutes

  Civil Code Section 3344(a) Does Not Require Fees to Bear a Percentage to Ultimate Recovery.      Well, readers, we are winding to a New Year, but we will blog on a special-fee shifting statute applicable in commercial name misappropriation cases–Civil Code section 3344(a), which has a mandatory fee-shifting provision. The next case we discuss

In The News . . . . Nanny/Chauffer Of Indiana Pacer Owner Herb Simons Must Pay Fees To Him And His Wife After Losing Employment Lawsuit And Delaware Chancery Court $300 Million Fee Award Is 15% Of the Judgment Against Losing Defendant

In The News

  Simons Garner $122,000 Fee Award After Winning Employment Litigation Brought By Nanny and Chauffer.      As reported by an AP release of December 28, 2011 in The Sacramento Bee, nanny Claudia Leite and chauffer Robert Young (formers, we would surmise) lost their employment discrimination/wage-hour suit against Indiana Pacers owner Herb Simon and his wife.

Retainer Agreements: Modification of Fee Arrangements During Attorney Representation–What Passes Muster

Cases: Retainer Agreements

  ABA Formal Opinion 11-458 Explores Modification Nuances.      We would like to thank the Orange County Bar Association’s Professionalism and Ethics Committee for a summary of ABA Formal Opinon 11-458, which is discussed in greater depth in the January 2012 edition of the Orange County Lawyer.      The ABA Opinion does indicate that fee

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