Author name: Marc Alexander

Special Fee Shifting Statutes: U.S. Supreme Court Decides That ERISA Fee Recovery Does Not Depend On “Prevailing Party” Status

Cases: Special Fee Shifting Statutes

  No Merits Judgment Necessary, Says Unanimous High Court.     In Hardt v. Reliance Standard Life Ins. Co., Case No. 09-448 (U.S. May 24, 2010), the U.S. Supreme Court unanimously ruled that, under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1132(g)(1) gives district courts discretion to award fees to either party, even […]

Arbitration: Parties’ Stipulation To Allow Post-Arbitration Fee Recovery Allows Fees For Sustaining Arbitration Award On Appeal

Cases: Arbitration

  Sixth District Honors Parties’ Stipulation Relating to Fee Recovery.      In Kontoudakis v. Beri-Scott Co., Case No. H034544 (6th Dist. May 24, 2010) (unpublished), the parties’ stipulation for arbitration had an important fee recovery provision. That provision stated: “Should either party be forced to seek enforcement of the arbitration award beyond simply filing it

Non-Taxable Federal Costs: District Courts Can Award Non-Taxable Costs Under the Fair Credit Reporting Act

Cases: Consumer Statutes, Cases: Costs, Cases: Special Fee Shifting Statutes

Ninth Circuit So Holds in 2-1 Decision; Dissent Thinks Majority Decision Allows Recovery of Non-Taxable Costs as Attorney’s Fees in Most Fee-Shifting Statutes.      The next case is an interesting one, provoking a 2-1 decision on an important issue: when are non-taxable costs awardable as attorney’s fees under federal fee-shifting statutes. The question did not

Eminent Domain: Substantial Inverse Condemnation Fee Award Reversed Because Trial Court Did Not Explain Why It Chose Contingency Fee Amount Versus Hourly Fee Amount

Cases: Allocation, Cases: Eminent Domain

  Lower Court Failed to Analyze the Factors in Yuki.      After plaintiffs won a bench award of over $3.4 million in a nuisance/inverse condemnation action, the Second District, Division Two, in Karim v. City of Pomona, Case No. B210049 (May 18, 2010) (unpublished), reversed a favorable attorney’s fees award in favor of plaintiff homeowners

SLAPP Two-Fer: High SLAPP Fee Award Cannot Surmount Abuse Of Discretion Review Standard And Partial SLAPP Wins On Appeal Allow Entitlement To Partial Fee Recovery

Cases: SLAPP

  Watts v. Curry, Case No. B213862 (2d Dist., Div. 6 May 17, 2010) (unpublished)      The first sentence of this decision told us it was written in the distinctive writing style of Presiding Justice Gilbert: “A series of seemingly petty, yet niggling, acts fueled by anger and frustration precipitated this unfortunate lawsuit.”      A

Probate: Elder Financial Abuse Fees Affirmed Where Impacted Party Never Challenged Basis For Award In Probate Proceedings Below

Cases: Probate

  Second District, Division 6 Upholds Fee Award Exceeding $49,000.      In order to avoid a waiver, a litigant needs to challenge fee entitlement in proceedings below.      Porco v. Helm, Case No. B211138 (2d Dist., Div. 6 May 17, 2010) (unpublished) involved a trustee who was removed via a petition which requested “such attorney’s

Fee Clause Interpretation And Settlement Exclusion: Court Of Appeal Reverses Trial Court Refusal To Grant Attorney’s Fees To Prevailing Supplier In Water Clarification Building Fire

Cases: Fee Clause Interpretation, Cases: Settlement

  Third District Finds Settlement Agreement Carve-Out Preserved Right to Seek Fees Under Indemnity Agreement Clause.      Bravo to the attorneys representing a prevailing party in the next case. They properly worded a partial settlement agreement carve-out so as to preserve their client’s ability to seek fees under a contract once the client prevailed against

Scroll to Top