Cannot Leapfrog Fee Clauses in Other Entites’ Agreements into a Fee Award. Leapfrog. NYC. c1908-22. Library of Congress. Marik v. University Village, LLC, Case No. B247171 (2d Dist., Div. 3 Oct. 3, 2013) (unpublished) goes to show you that glaring arbitration results will be vacated. In this one, the appellate court […]
Court Can Award 1717 Fees With Enforceable Limitations–Such As, Did Adverse Party Acted Arbitrarily, Vexatiously, In Bad Faith Or Unreasonably–You Bethca! We like Abbey v. Fortune Drive Associates, LLC, Case No. A135062 (1st Dist., Div. 1 July 29, 2013) (unpublished) for a lot, if not a couple of, reasons: (1) it talks about
Second District, Division One Disagrees With Contrary Conclusion Reached by First District, Division Two in Kors. After plaintiffs filed a lawsuit against their former attorneys, those attorneys successfully moved to compel arbitration in the pending lawsuit, with the lower court also awarding them $67,930.50 in attorney’s fees as the prevailing party in the
Trial Court Did Not Err in Awarding A Higher Hourly Rate to Attorney Providing Postarbitration Services for Prevailing Client. In Fuchs & Associates, Inc. v. Lesso, Case No. B241384 (2d Dist., Div. 2 May 29, 2013) (unpublished), former attorneys sued client to collect a claimed additional $647,688 in unpaid fees under a retainer
Holding Somewhat Came to the Same Result as Watson v. Knorr, But Based On Uniquely Worded Settlement Agreement Fees/Cost Clauses. “Like spectators at a sporting event with a beach ball, some litigators manage to keep an action bouncing along in the air indefinitely,” is the beginning sentence in De Sena v. Richert, Case
However, Matter Remanded Because Judicial Confirmation Proceedings Costs Were Recoverable and Erroneously Not Awarded. Watson v. Knorr, Case No. H036430 (6th Dist. May 13, 2013) (unpublished) is a case where plaintiffs won a $1.1 million arbitration award “plus costs under the Code of Civil Procedure.” Plaintiffs never submitted costs issues to the arbitrator,
$50,000 Arbitration Fee Award Likely Will Get Increased on Remand. In American State University v. Kiemm, Case No. B242766 (2d Dist., Div. 5 Apr. 29, 2013) (unpublished), plaintiffs prevailed in a contractually-mandated arbitration, winning an arbitration award of $900,000 in compensatory damages, $500,000 in punitive damages, and $50,000 in attorney’s fees in a
Defendant Was Neither a Party to the Property Owner-HOA Settlement Nor Resulting Arbitration. Owner hired contractor to convert a hotel it owned into apartments and retail space. A few years later, the apartments were converted to condos and sold to the public, with an HOA being formed. Owner had to disclose certain construction
Failure to File a Motion to Compel Arbitration Was Fatal. Losers in Duke Kelso Constr. v. Silva, Case No. H036879 (6th Dist. Mar. 26, 2013) (unpublished) must have felt good about their chances on appeal under a broadly worded fees clause, where the winner litigated rather than pursued contractually-mandated arbitration. The problem was
Both Lower and Appellate Courts Sustained Arbitrator Denial of Statutory Costs. You gotta be careful who you choose as an arbitrator, because they can decide disputes based on equity and fairness (not just dry law) and their decisions are normally inscrutable at other levels. That reality sunk in for the arbitration winner
