Author name: Marc Alexander

Special Fee Shifting Statute And Tort Of Another: Settlement Confirmed As Good Faith Settlement Because Settling Party Had No Indemnity Fee Exposure Under Health and Safety Code Fee Provision Or Tort Of Another Doctrine

Cases: Special Fee Shifting Statutes, Cases: Tort of Another

  $1.5 Million Fee Exposure Was Nonexistent Such That Indemnity Rights Issue Did Not Impact Good Faith Settlement Analysis.      In PacificCare of California v. Bright Medical Associates, Inc., Case No. G041507 (4th Dist., Div. 3 Sept. 2, 2011) (certified for publication), Acting Presiding Justice Aronson affirmed a good faith settlement determination after deciding on

SLAPP: Second District, Div. 3 Reverses Order Awarding Fees to SLAPP Defendant

Cases: SLAPP

Court of Appeal Reverses With Directions to Trial Court to Determine if SLAPP Defendant is Entitled to Fees and the Reasonable Amount of Any Award.      Our next case, Fremont Reorganizing Corporation v. Faigin, Case No. B218178 (Second Dist. Div. 3, August 30, 2011 (certified for publication) concerns an in-house attorney who sued his alleged

Family Law: Second District, Division Two Upholds Fee Award in Family Court Involving TV Costar of Two and a Half Men

Cases: Celebrities, Cases: Family Law, Cases: Standard of Review

  Who “Won” is Irrelevant Here.      Often, the Court’s retelling of the facts gives us more than an inkling of the ending.      Here, the statement of facts begins: ”Jon and Sarah have both had acting careers, though their career paths diverged widely.  As a costar in the TV show Two and a Half

In the News: In the Headlights – Judge Shines Real Bright Light on Attorney’s Fees Issue in Toyota Prius Class Actions.

Cases: Class Actions, In The News

District Court Judge Manuel Real Has “Big Problem” with Estimated Fees of $4.7 M.      Writing in the August 29, 2011 online edition of The National Law Journal, Amanda Bronstad reports U.S. District Judge Manuel Real “put the brakes” on a $4.7 M fee request for plaintiffs’ firms in class action litigation.  The litigation concerns

In the News: (1) 9th Circuit Reverses and Remands Class Action Settlement and (2) MGA Turns on Its Lawyers

Cases: Class Actions, In The News

Fees in Bluetooth Class Action Settlement Must Be Scrutinized More Closely.      Under the heading, “9th Circuit tosses Bluetooth settlement, citing attorney fees,” Amanda Bronstad, writing in the August 22, 2011 online edition of The National Law Journal, reports on the reversal and remand of a district court’s approval of a settlement providing for $100,000

SLAPP: Sloppy Record Scotches Fees, But Appeal Court Synthesizes SLAPP Wisdom

Cases: Appealability, Cases: Prevailing Party, Cases: SLAPP

Fourth District, Div. 2, Underscores That Compliance With Basic Appellate Procedure Is Necessary to Obtain Review of SLAPP Fees Issue.      The next case, Dean Martin v. Inland Empire Utilities Agency, et al., Case No. E051217 (4th Dist. Div. 2, 8/18/11) (certified for publication), involves a complaint alleging causes of action deriving from purported racial

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