Author name: Marc Alexander

Reasonableness Of Fees: Two Recent Incisive Legal Intelligence Studies Show Average Billing Rates For Small And Mid-Sized Firms And Internal Costs For In-House Counsel Departments

Cases: Reasonableness of Fees, Rates

     Incisive Legal Intelligence has two fairly recent surveys that may be of interest to those of you who follow our blog with respect to national attorney hourly rates and in-house counsel costs. Here you go. 2009 Billings Rates and Practice Survey for Small and Mid-Sized Firms.      In its 2009 study on billing rates […]

In The News . . . . Different Corporate Clients May Get Different Rates For Same Type Of Work, Study Suggests, And Canada Supreme Court Chief Justice Worried That Attorney Hourly Rates May Shut Out The Middle Class

In The News

CT TyMetrix/Corporate Executive Board Study Shows Client Pay More For Larger Firms and Southern City Rates Have Risen the Highest.      CT TyMetrix, a provider of online law department analysis, and the Corporate Executive Board, which offers similar advice to corporations, have come up with a study entitled “The 2010 Real Rate Report,” based on

E-Discovery: District Judge Sheindlin Issues New Opinion About Metadata Fields

Cases: Discovery

Opinion Arose From FOIA Productions by Federal Government; Cost Shifting Is Indicated As the Usual Rule in Production “Do-Overs.”      U.S. District Judge Shira A. Scheindlin, on February 7, 2011, issued yet another important opinion in the e-discovery area. (She is truly a pioneering jurist in this regard, authoring several of the groundbreaking electronic discovery

Civil Rights/Allocation: Nonfrivolous Federal Civil Right Claim Fees Awarded As Part Of Anti-SLAPP Fee Recovery Would Not Withstand Appellate Scrutiny

Cases: Allocation, Cases: Civil Rights, Cases: SLAPP

Ninth Circuit Reverses and Remands To Craft Fee Recovery Only for anti-SLAPP Work.      In Fox v. Vice, No. 10-114 (U.S. Sup. Ct., cert. granted, 131 S. Ct. 505 [Nov. 1, 2010]), the United States Supreme Court will consider whether attorney’s fees can be awarded for intertwined work when the civil rights claims are determined

Costs/Settlement: With Prejudice Dismissal Of Complaint Meant Costs Recovery Was Mandatory For Prevailing Defendant

Cases: Costs, Cases: Settlement

  Settlement Agreement Had No Waiver of Costs, Which Led to Reversal of an Order Denying Costs.      There definitely is a practice lesson is the next case where a prevailing defendant obtained reversal of an order striking/taxing routine costs in postjudgment proceedings.      Robertson v. St. John, Case No G043635 (4th Dist., Div. 3

Sections 1717/998: Substantial Fee Awards To One Defendant And To Plaintiff As Against Other Defendants Sustained By Second District, Division One

Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Section 998

Mutuality Principles and Invalidity of 998 Offer Buttressed Correctness of Trial Court’s Fee Awards.      Sargon Enterprises, Inc. v University of Southern California, Case Nos. B202789/B205034 (2d Dist., Div. 1 Feb. 9, 2011) (unpublished) was a hard fought case where plaintiff sued USC for breach of contract. Although lost profits evidence was found to have

Reasonableness Of Fees: $128,655 Fee Award Found To Be No Abuse of Discretion

Cases: Reasonableness of Fees, Cases: Standard of Review

Second District, Division 2 Sustains Substantial Award.      In Chapman v. Sullivan Motor Cars, LLC, Case Nos. B222542/B224885 (2d Dist., Div. 2 Feb. 9, 2011) (unpublished), plaintiff had a demurrer sustained without leave to his first amended complaint, with the lower court also adopting a referee’s decision to award attorney’s fees against plaintiff to the

Civil Rights: Winning Defendants Could Not Recoup Attorney’s Fees Against DFEH Under CCP § 1028.5 Sanctions Statute

Cases: Civil Rights

Government Code Section 12989.2 Prohibition Trumped Award Under § 1028.5.      In Dept. of Fair Employment and Housing v. Mayr, Case No. H034935 (6th Dist. Feb. 9, 2011) (certified for publication), defendants won against Department of Fair Employment and Hosuing (DFEH) in a housing discrimination action, with the lower court awarding defendants attorney’s fees aggregating

Scroll to Top