All Star Line Up at Pending McCourt Divorce Trial. Frank McCourt (not to be confused with the author of Angela’s Ashes) has added renowned Houston-based trial attorney Stephen Susman to his “line up” (sorry, bad pun but fun) in the pending August 30, 2010 Los Angeles County Superior Court divorce trial against ex […]
Bill Allowing for Capped Contingency Fee Died in LA House of Representatives …. However, There is Hope—See “The Great BP Coffee Spill” Video. In our May 29, 2010 post, we did report on some contingency attorney fee caps that were making it difficult to respond to the BP spill incident. Louisiana is ensnarled
Fourth District, Division 2 Acknowledges Possible Split in Opinion on Recoverable of Fees on non-SLAPP Work, But Affirms Based on Deferential Review. Although unpublished, Spiro v. Allen & Kimbell, LLP, Case Nos. E047790 & E048735 (4th Dist., Div. 2 June 24, 2010) (unpublished) nevertheless is an interesting case on whether SLAPP fees can be
Fourth District, Division 2 Addresses FEHA Fee Shifting Issues. An LDS-affiliated plaintiff recovered a jury verdict from an employer based on religious discrimination, but it was unclear that she prevailed under her FEHA claim, although she did recover under Labor Code section 218.5 for unpaid commissions (a claim carrying a statutory fee-shifting clause). Although
Fourth District, Division 2 Found Trustee Brought it on Himself. In DeRosa v. Masi, Case No. E045145 (4th Dist., Div. 2 June 25, 2010) (unpublished), trustee was ordered to personally reimburse part of a loan used for attorney’s fees in probate litigation battles with a beneficiary substantially prevailing on several key issues. Trustee’s main
Halverson v. Seymour, Case No H032446 (6th Dist. June 22, 2010) (unpublished)—an affirmance In this one, husband appealed a $10,000 sanctions award of fees to wife under Family Code section 271. C’mon, is what the appellate court basically said on this one. There was evidence showing husband purchased a daycare facility and expensive jewelry
Second District, Division 6 Applies Exception to the General Rule. Generally, a judgment for damages under a contract replaces a defendant’s duty to perform the contract, which extinguishes any fee clause upon entry of judgment (except for postjudgment recovery of fees as specified under the CRC). (Jaffe v. Pacelli, 165 Cal.App.4th 927, 934.)
In Hardt v. Reliance Standard Life Ins. Co., 2010 WL 2025127 (U.S. May 24, 2010), the U.S. Supreme Court decided that an ERISA litigant does not have to “prevail,” but still must achieve some degree of success on the merits before being entitled to an attorney’s fees award under the ERISA fee-shifting statute,
Second District, Division 8 Gives Us a Good Reminder on Statutory Interplay of Costs Provisions. Although the facts are important in other respects, Trattmann v. Key, Case No. B204150 (2d Dist., Div. 8 June 22, 2010) (unpublished) is a great reminder on how statutory provisions regarding an award of routine costs interact with each
Fourth District, Division 2 Nixes Overly Technical Argument on Deadlines. You knew where this one would end when the appellate panel concluded at the tail end of the opinion that “Plaintiff’s contention on appeal elevates form over substance.” That meant the trial court’s order awarding costs, including attorney’s fees, in the amount of $8,078.35
