Author name: Marc Alexander

Arbitration Fee Award: Plaintiff Winning $4.1 Billion “Prove-Up” Arbitration Award Obtains $633,450 In Attorney’s Fees

Cases: Arbitration, Cases: Reasonableness of Fees, Off Topics

Arbitrator Enhances Plaintiff’s Lodestar by 3.0 Multiplier.      We give thanks to Cal Biz Lit, who in his June 16, 2009 post described a “prove-up” arbitration award of $4.1 billion stemming from a very unusual lost commission dispute. He notes that the award was confirmed as a judgment by the Los Angeles County Superior Court […]

Civil Code Section 1717: Abandonment Of Contract Claim After Court Denied Leave Means No Fees Awardable To Prevailing Party

Cases: Section 1717

Fourth District, Division 3 Finds No Fees Were Expended Even Though Nonsuit Grant Could Give Rise to Fee Exposure Under Different Circumstances.      In an unusual procedural context, the Fourth District, Division 3 reversed an award of $73,026.79 in Civil Code section 1717 fees to defendants after the plaintiff neighbors lost nuisance and trespass claims

Homeowner Associations: Losing Condo Homeowners Associations Not Subject To Fee Exposure When Losing Action Against Past Board Member Defendants

Cases: Estoppel, Cases: Homeowner Associations, Cases: Section 1717

Purchase Agreement Fees Clause Did Not Apply Because Plaintiff Was Not A Condo Buyer.      One of the first rules of fee entitlement is that you need a contractual or statutory basis to trump the American Rule that each sides bears its own attorney’s fees in a case. That principle sunk the winning defendants’ request

Federal Routine Costs: Ninth Circuit Both Sides To Bear Costs After Substantial Reduction of Punitive Damages In Exxon Valdez Case

Cases: Costs

Dissent Believes Exxon Was Entitled To Costs For Large Damages Reduction.      Almost one year after the wreck of the Exxon Valdez, the parties stipulated to entry of a $507.5 million judgment against Exxon, after the punitive damages award was reduced by 90% after several journeys through the federal appeals courts (including the U.S. Supreme

Trade Secret Fee Award: Second District, Division 6 Affirms $1,641,216.78 Fee/Costs Award For Bad Faith Prosecution Of Trade Secrets Action

Cases: Trade Secrets

Appellate Court Sustains Award Under Gemini Test.      What more perfect venue to devise the “bad faith” trade secret misappropriation fee test than the Silicon Valley? Well, there is none. In fact, the Sixth District in Gemini Aluminum Corp. v. California Custom Shapes, Inc., 95 Cal.App.4th 1249, 1262 (2002) did just that under the California

Private Attorney General Statute: $239,620 Fee Award Affirmed In Favor Of Nonprofit Group/Pala Band For Successful CEQA Challenges To Proposition C

Cases: Private Attorney General (CCP 1021.5)

Fourth District, Division 1 Rejects Public Interest and Significant Benefit Challenges to Fee Award.      Code of Civil Procedure section 1021.5 (California’s private attorney general statute) allows a litigant to obtain attorney’s fees where the requesting party shows that the litigation (1) served to vindicate an important public right, (2) conferred a significant benefit on

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