Author name: Marc Alexander

Costs/Prevailing Party: Where Party Obtains Nonmonetary Relief In Mixed Claims Litigation, Costs Prevailing Party Determination Is A Discretionary Call

Cases: Costs, Cases: Prevailing Party

  Attorney Winning Contractual Costs Assessment Dispute Collected Substantial Costs.      Here is one demonstrating how prevailing party costs determinations are frequently discretionary in nature in multi-count litigation involving both monetary and nonmonetary claims.      In Petrik v. Mahaffey, Case No. G042114 (4th Dist., Div. 3 June 9, 2011) (unpublished), plaintiff was represented by a […]

Civil Rights/Allocation: U.S. Supreme Court Adopts “But For” Standard For Awarding Fees In Mixed Frivolous/Non-Frivolous Claims Case

Cases: Civil Rights

  Justice Kagan Delivers Unanimous Opinion For The Court.      In Fox v. Vice, Case No. 10-114 (U.S. June 6, 2011), a unanimous U.S. Supreme Court decided that a “but-for” standard applies when determining whether a prevailing defendant should recover attorney’s fees under 42 U.S.C. § 1988 in a plaintiff’s suit involving both frivolous and

Insurance: Insurer Only Bound To Pay Reasonable Cumis Fees

Cases: Insurance

  Fourth District, Division 1 Reiterates Duty In Contentious Client-Cumis Counsel Dispute.      In a decision that put an end to a long-standing dispute between a client and his Cumis counsel, the Fourth District, Division 1 reminds us that insurers are only responsible to pay reasonable and necessary defense costs to retained Cumis counsel. The

In The News . . . . Criminal Defense Lawyers Battling City of San Diego Over Reimbursement Of Fees Incurred By Former Pension Board Members In Dismissed State Criminal Case

In The News

  $5.4 Million in Fees At Issue.      As reported in Greg Moran’s May 30, 2011 post in the on-line version of The San Diego Union-Tribune, criminal defense lawyers are battling City of San Diego to obtain reimbursement of $5.4 million in fees incurred in defending six former members of the San Diego pension board

Post-Memorial Day Unpublished Troika: Reduced Fee Award Reversed; Res Judicata Supports Another Fee Award; Implied Covenant’s Operation Justifies Finding Opt-In Defendants Not Liable For Fee In Proposition 65 Case

Cases: Civil Rights, Cases: Estoppel, Cases: Reasonableness of Fees

  $23,600 Fee Award Out of Requested $223,615.50 Reversed in Civil Rights Case.      In Williams v. Hei Long Beach, LLC, Case No. B224211 (2d Dist., Div. 2 May 31, 2011) (unpublished), the appellate court reversed a fee award of $23,600 out of attorneys’ requested $223,615.50 in an Unruh Civil Rights hotel accommodation case resulting

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