Author name: Marc Alexander

Rates: Association Of Corporate Counsel Has An Interesting “Value-Based Fee Primer” Showing Recent Trends In Attorney’s Fees Rates And Alternative Arrangements For Retaining Outside Counsel

Rates

Rising Rates and Savings from Other Options Are Factors Taking Precedence From In-House Corporate Attorneys.      The Association of Corporate Counsel (ACC) is an in-house bar association for professional corporate counsel who practice in legal departments globally. ACC has published a 2010 “Value-Based Fee Primer,” available for reading at http://www.acc.com/valuechallenge/index.cfm, that has some interesting fee […]

Consumer (Environmental) Statutes: Fourth Circuit Court of Appeals Affirms $483,073.88 Attorney’s Fees Award Under Clean Air Act

Cases: Consumer Statutes

Duke Energy Carolinas, LLC Lost Appeal of Adverse Fee Award.      Because Friday was a slow day for decisions on attorney’s fees issues in the California state courts and Ninth Circuit, we instead review a federal appellate decision affirming a substantial fee award under the Clean Air Act.      Under the Clean Air Act’s citizen

Costs/Section 998: Costs Awards To Two Plaintiffs Affirmed On Appeal

Cases: Costs

  Section 998 Fee Shifting Justified One Award, While Trial Court Discretion Allowed Award For Judgment Below Unlimited Jurisdictional Threshold.      It often pays to request the trial court to amend a judgment to reflect what was really awarded by a jury. In this case, the addition of a property loss award of about $4,500

Deadlines: Second District, Division 1 Determines That Default Judgment Fee Recovery Cannot Be Garnered Through Postjudgment Fee Motion

Cases: Deadlines

  Follows the Lead of Division 5 in Garcia v. Politis.      In our February 26, 2011 post, we synopsized Garcia v. Politis, 192 Cal.App.4th 1474 (2011), where the Second District, Division 5 determined that default judgment attorney’s fees could not be recovered through a postjudgment fee motion but had to be recouped through a

Off Topic: Does “What The Judge Ate For Breakfast” Influence His Decisions?

Off Topics

  Stay Tuned, Because Study of Israeli Judges Suggests Some Truth to This.      Okay, time for some “off topic” fun, under the heading, "justice, justice, shall you pursue." (Deut. 16:18-21:9).      We litigators know that there is a maxim that justice may well depend on “what the judge ate for breakfast.” Well, that idea

Costs/Deadlines/Section 998: $40,000 Costs Award Based On 998 Offer Sustained Despite The Fact Defendant Failed To Enter Favorable Costs Ruling To Judgment For Over 2 Years

Cases: Costs, Cases: Deadlines, Cases: Section 998

  No Provision Required that Winning Defendant Enter Costs Judgment Under Any Deadlines.      Here is an interesting case that really is a big one to be archived in our “Deadlines” category. It goes to show you that recalcitrance, while not to be condoned, may not get punished unless there are statutory or court rule

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