Author name: Marc Alexander

Civil Rights/Special Fee Shifting Statute: Defendant/Cross-Complainant Losing Adverse Elder Abuse Claim and FEHA Cross-claim Properly Hit With $1.312 Million Fee Order

Cases: Civil Rights, Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

  She Lost Elder Abuse Claim by Plaintiff and Did Not Prevail on Her Frivolous FEHA Sexual Harassment Cross-claim.      Bad facts can result in large jury verdicts; they also tend to guide the dispositon of the trial judge when it comes to awarding attorney’s fees against the non-prevailing litigant. That is what happened in […]

Sanctions: $1 Million Fee/Costs Award For Belated Production Of Computer Embedded Information During Trial Affirmed

Cases: Sanctions

  Jneid II Vindicated Award of Substantial Costs for Dilatory Production of Documents During Trial.      In our December 20, 2009 post, we explored Jneid v. Tripole, where our local Fourth District, Division 3 appellate court reversed as too severe issue/evidentiary sanctions essentially resulting in a “directed verdict” after defendant belatedly produced 17,000 pages of

Class Actions: Legislation Pending For Governor Approval Would Allow Trial Courts Discretion To Award Attorney’s Fees To Successful Class Action Settlement Objectors

Cases: Class Actions, Legislation

  Bill Would Abrogate Flemming v. Barnwell Nursing Decision.      In our October 22, 2010 post, we reported on the New York Court of Appeals’ decision in Flemming v. Barnwell Nursing, which denied awarding attorney’s fees to a class action settlement objector whose efforts helped reduce requested class counsel fees of $448,000 down to $425,000

SLAPP: Be Careful Of Bringing A Malicious Prosecution Cause of Action

Cases: SLAPP

  If You Defended Quickly, Bringing This Might Open You Up to SLAPP Fees, Fourth District, Division 3 States In an Interesting Footnote.      Although not dealing directly with attorney’s fees, a recent unpublished Fourth District, Division 3 decision should give all litigators pause when thinking about filing a malicious prosecution action after defending against

In The News . . . . Delaware Chancery Judges Heavily Scutinizing Fee Requests In Shareholder Derivative Actions

In The News

  Fee Awards Have Been Rejected or Reduced in Recent String of Cases.      As reported by Sheri Qualters in a September 19, 2011 post at The National Law Journal, Delaware Chancery judges are putting shareholder derivative plaintiffs’ fee requests “under the microscope” in recent cases challenging corporate deals where the shareholders reap minimal benefits

In The News . . . . McCourt Divorce Fees

In The News

. . .  May Top $35 Million      Boy, oh boy, talk about attorney’s fees. We all have been following the news of the McCourt divorce battle, the family law judge’s decision that the team was not just Frank’s, the bankruptcy, and the problems plaguing the L.A. Dodgers (which, nonetheless, have been doing better lately

In The News . . . Newspaperman Tim Crews Hit With Over $56,000 In Fees And Costs For Bringing What Trial Judge Believed To Be Frivolous California Public Records Act Petition

In The News

Update from our 11/24/10 Post on Crews v. City of Willows.      In our November 24, 2010 post, we discussed Crews v. City of Willows, a Third District decision which affirmed a rejection of newspaperman Tim Crews’ attempt to obtain attorney’s fees against the City of Willows under a California Publics Record Act proceeding. Mr.

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