Nontestimonial Expert Costs Cannot Be Recouped Under FLSA. A colleague that co-contributor Mike worked with at a past law firm called and asked if expert witness fees for nontestimonial work were recoverable by a plaintiff in an action brought under the Fair Labor Standards Act of 1938 (FLSA), given that 29 U.S.C. § 216(b) […]
Fifth District Found That Absence of Sanctions Request in Motion for Reconsideration Meant the Award Violated Due Process. Frequently, we have discussed sanctions awards that are vacated because they do not comply with due process. Here is another one, occurring in connection with a successful defense reconsideration motion regarding a tardy expert witness augmentation.
Second District, Division 8 Finds That Class Notice Capping Costs Would Not Allow For Higher Settlement Costs Award. In Clark v. American Residential Services LLC, Case No. B203476 (2d Dist., Div. 8 July 6, 2009) (certified for publication), a trial court approved a wage/hour class action settlement for a total of $2 million, inclusive
Great Park Fee Exposure. In one of our July 1, 2009 posts, we reported on two minority director’s reversal of a trial court decision denying them an award of attorney’s fees under California’s private attorney general statute with respect to a dispute involving the Great Park Corporation (tasked with coordinating development of the “Great
Rules Go Into Effect Immediately. Because discovery disputes can carry monetary sanctions (including attorney’s fees), we alert readers to the fact that effective June 29, 2009, California has new statutory provisions relating to electronic discovery. Assembly Bill No. 5 adds Code of Civil Procedure sections 1985.8 and 2031.285 as well as amends sections 2016.020,
Fourth District, Division 1 Decision Is Now Citable. In our June 15, 2009 post, we discussed RiverWatch v. County of San Diego Dept. of Environmental Health, where the Fourth District, Division 1 Court of Appeal affirmed a $239,620 attorney’s fees award under Code of Civil Procedure section 1021.5. On July 2, 2009, the
First District, Division 4 So Rules Based on Inadequate Appellate Record Many times before, we have counseled that an adequate appellate record is vital when seeking review of a lower court order/judgment by any federal or state reviewing court. That counseling was ignored in the next case, which means the appealing party was doomed.
From Innovation to Albatross. Our readers will know from our posts (January 7, 2009, February 1, 2009) that the concept of the billable hour is under attack by some lawyers and clients. Fellow blawger, attorney John Derrick, has written an interesting book entitled “Boo to Billable Hours.” He has traced the history of
Fourth District, Division 2 Rebuffs Request for Over $40,000 in Fees. Plaintiff landlord sued and ultimately recovered $37,420 in delinquent rent (plus $10,295.96 in interest) from former tenants who had abandoned commercial premises being rented in the past. Landlord won a prior judicial arbitration, being awarded $13,622 in fees and costs. However, when landlord
