Author name: Marc Alexander

Special Fee Shifting Statute: Stung by District Court’s Denial of Fees, Appellant Gets Some Relief from Ninth Circuit in Mosquito Spraying Case

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

  Ninth Circuit Explains Standards for Collecting Fees under Clean Water Act.      The next case involves alphabet soup:  GCMAD, NPDES, EPA, CWA, and the spraying of adulticides.  Translation:  Gem County Mosquito Abatement District, National Pollutant Discharge Elimination System, Environmental Protection Agency, Clean Water Act, and the spraying of pesticides used to kill adult mosquitoes. […]

Family Law: Attorney’s Fees of Father Paid by Tribe Directly to Attorneys and Included as Taxable Income on a Federal Return, are Excluded as Gross Income for Purposes of Calculating Child Support

Cases: Family Law, Cases: Taxation

  But Fourth District, Division One Also Rules that on Remand,Trial Court May Consider Whatever Impact the Attorney’s Fees Have on Living Expenses and Resources.      The typical attorney’s fees issue addressed by the courts in family law disputes is:  who should pay attorney’s fees, and how much?  The next case involves an altogether different

Attorney’s Fees in the News

In The News

Bankruptcy Court Approves Request of Madoff Trustee and Law Firm for $15,000,000 in Attorney’s Fees.      The New York Law Journal reports that Southern District of New York Bankruptcy Judge Burton R. Lifland has approved a request of Irving H. Picard, the liquidating trustee of Bernard Madoff’s investment firm, and his team of lawyers, for

Court of Appeal Holds that Trial Court Should Not Have Adjudicated Litigation Expense Claims Against Shareholder in Corporation Being Dissolved, Because Shareholder Had No Right to Be Heard in the Voluntary Dissolution.

Cases: POOF!

In Which Fourth District, Division Three Rules That Feud Among Three Attorneys Results in Lack of Due Process.      Because the next case is such an outlier, we were hard-pressed to find a pre-existing category on our blawg to label the case.  One label might be “Due Process”, but somehow that principle just hasn’t come

Arbitration and Expert Fees: Even if Award of Expert Fees Was an Act in Excess of Arbitrator’s Jurisdiction, It Did Not Provide Basis to Vacate Award

Cases: Arbitration, Cases: Experts

Second District, Division Three, Reminds Us Simple Mistake of Law or Fact is Not Necessarily in Excess of an Arbitrator’s Powers.      Frederick Lax, former President and CEO of Tekelec, brought an arbitration proceeding against Tekelec, seeking compensation for options that were lost when Tekelec did not issue necessary financial statements until after the options

Private Attorney General: Trial Judge’s Fee Award Punctuated by Exclamation Point Punctured by Court of Appeal

Cases: POOF!, Cases: Private Attorney General (CCP 1021.5)

First District, Division Two, Concludes Land Use Litigation Vindicated Only a Private Interest.      In its tentative decision in this land use case, the Mendocino County trial court stated the State Water Resources Control Board’s “handling of Rustic’s application has been unconscionable!”  [garish red color added to exclamation point for emphasis by blogger]. It added,

Family Law: Trial Court Tosses Responsibility for Attorney’s Fee Award to Court of Appeal, and Court of Appeal Tosses It Right Back

Cases: Family Law, Cases: Standard of Review

     Appellant Joan Drelinger (Mother) registered in 2004 a 1973 order for child support issued in the State of Nevada, and sought to enforce the order. The trial court confirmed the order’s registration but found respondent Jay Drelinger (Father) had satisfied his child support obligation. The court deferred ruling on the parties’ competing motions for

Arbitration: Second District, Division Two Affirms Order Denying Attorney’s Fees For Client Who Defeats Petition to Confirm Amended Arbitration Award, Because He Failed to Bring to Court’s Attention that the Original Award Should Have Been Confirmed

Cases: Arbitration, Cases: Prevailing Party

Court of Appeal Notes that Strict Limitations of CCP 1286 are Seldom Acknowledged in Case Law, But Does Acknowledge Those Limitations This Time.      On February 18, 2009, we did a post on Karton v. Dougherty, a case in which a $1,146,578.38 default judgment with interest of $159,679.92 in favor of Beverly Hills attorney David

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