2008 Fulbright Litigation Trends Survey Confirms the Reality of the Situation. Fulbright & Jaworski has come out with its 2008 Litigation Trends Survey. This survey shows that companies having at least one lawsuit filed against them in 2008 fell to 79%, as compared to 83% in 2007. Likewise, companies bringing at least one legal […]
Second District, Division One, Does Remand For Proper Expense/Fee Determination and For Examination of Allocation Issues. Armendariz v. Foundation Health Psychcare, 24 Cal.4th 83, 110-113 (2000) determined that arbitral expenses beyond what a plaintiff litigant would have borne in a court case cannot be imposed in cases involving statutory rights enacted for a public
Effect of New Law Explored in Steven Riess’ Article in August 2009 California Lawyer. For those attorney readers practicing in the elder abuse area, there is an excellent article that is must reading in the August 2009 edition of California Lawyer. It is authored by Steven Riess and is entitled “Combating Financial Abuse of
First District, Division 3 Reiterates Requirement in Unpublished Decision. In Harpel v. Spina, Case No. A123315 (1st Dist., Div. 3 Aug. 14, 2009) (unpublished), defendants requested and were awarded sanctions under Code of Civil Procedure section 128.7 when defendants asked for them in a 128.7 motion that was joined for hearing with their demurrer
Fourth District, Division Two Sustains Awards in Favor of Plaintiff Defeating Frivolous Motion. In our category “SLAPP,” we have examined many cases where attorney’s fees have been awarded to defendants prevailing on anti-SLAPP motions. However, Code of Civil Procedure section 425.16(c) also provides that a defendant losing an anti-SLAPP motion can suffer an adverse
Second District, Division 6 Follows Presley and Mustachio in so Deciding. The beginning quote in this case nicely summarizes the lesson from the next case: “A party who prevails on appeal is not necessarily the prevailing party in an action.” Wood v. Santa Monica Escrow Co., Case No. B205939 (2d Dist., Div. 6
First District, Division 5 Affirms Discovery Sanctions Award Against Husband and Husband’s Attorney. In In re Marriage of Moses and MacCallum, Case No. A121057 (1st Dist., Div. 5 Aug. 13, 2009) (unpublished), the appellate court affirmed joint sanctions of $2,000 assessed against husband and his attorney in a dissolution proceeding involving discovery abuses
Third District Rules that Attorney’s Liens Have Priority Over Medical Liens in First Impression Case. In personal injury cases, there is an inherent tension between medical liens—contractual liens granted by injured patients to medical providers or assignees that attach to monetary recoveries in personal injury cases—and attorneys’ liens—contractual liens granted by clients to
Second District, Division 8 Volleys the Fee Request Back to the Lower Court. The next case illustrates the practical dynamics of appellate court practice: if you are going to request the appellate court to award fees to you as the prevailing party, provide specific authority supporting such a request. Otherwise, the request will be
But Federal Judge in Minnesota is Not a Happy Camper. Half empty or half full? “According to one very irate federal judge in Minnesota,” reports Dan Levine for The Recorder, “jailed plaintiffs lawyer William Lerach just helped his former colleagues lose about $45 million in fees.” Still, Coughlin Stoia Geller Rudman &
