Author name: Marc Alexander

Appeal: Postjudgment Order Filling In Amount Of Fees Correctly Appealed By Challenging Initial Judgment, But Fee Challenge To $90,542.50 Award Nixed Based On Inadequate Appellate Record

Cases: Appealability

  Case Demonstrates Cardinal Rule of Appellate Practice.           Although we have come close to preaching to our readers that you should separately appeal an underlying judgment and all fee awards (interim or modified), there are exceptions to the “separately appeal” rule relating to subsequent postjudgment fee awards. One of the most important is […]

Arbitration: Client Rejecting Nonbinding Arbitration Award But Failing To File Complaint About Fee Recovery Precluded Challenge To Award

Cases: Arbitration

  Appellate Court Has Great Discussion on Fee Arbitration Rejection Requirements.      Here is one that reminds everyone–clients and attorneys–engaging in fee arbitrations to keep a very open eye on complaint filing prerequisites applicable to rejection of adverse non-binding fee arbitration awards.      The opinion discussing these topics is Clyne v. Hoover, Case No. H035539

Allocation/Multiplier: Winning Overtime/Meal Break Plaintiff Reaps $210,625.75 In Fees

Cases: Allocation, Cases: Multipliers

  1.5 Multiplier Sustained by Appellate Court, Rejecting Application of Federal Perdue Analysis.      Well, well. This next unpublished decision is interesting on a couple of fronts. First, it illustrates that courts will not hesitate to vindicate wage/hour violations through an award of fees enhanced by a multiplier. Second, it also demonstrates that state courts

Insurance: Behnke Decision on Cumis Fees Now Published.

Cases: Insurance

. . . So You Can Now Cite It.      In our June 2, 2011 post, we discussed Behnke v. State Farm Gen. Ins. Co., Case No. D056898 (4th Dist., Div. 1), which was unpublished at the time. The decision discussed Cumis counsel fees. We can now report that it was ordered published on June

Scroll to Top