Cases: Arbitration

Private Arbitration Sanctions: Second Circuit Finds Inherent Authority Under FAA To Sanction Attorneys for Losing Party In Arbitration Proceedings

Cases: Arbitration, Cases: Sanctions

Ninth Circuit Apparently Agrees, Also.      We would like to thank Hon. Lawrence C. Waddington (Ret.), former Los Angeles County Superior Court judge who is now a neutral with JAMS, for contributing an April 21, 2009 post on enBanc, the Los Angeles County Bar Association’s blog, about a recent Second Circuit decision that has fee […]

Arbitration Petition Denial: Fees Not In Order Where Denial Was Only An Interim Procedural Victory

Cases: Appealability, Cases: Arbitration

Third District Distinguishes Its Facts From Otay in Unpublished Decision.      In California, attorney’s fees are generally not recoverable for interim procedural victories.   The “prevailing party,” for purposes of fee recovery, usually must await a final deposition on the merits. However, there are exceptions.      For example, Otay River Constructors v. San Diego Expressway, 158

Arbitration: Appellate Fees Awardable Upon Prior Reversal Without Awaiting the Final Result

Cases: Arbitration, Cases: Costs, Cases: Fee Clause Interpretation, Cases: Prevailing Party

Second District Panel Splits 2-1 on Whether Contractual Clause Allowed for Fee Recovery From Post-Arbitration Judicial Proceeding Win Before the “Dispute” Was Finally Resolved.      The next case illustrates how even appellate jurists will come to different conclusions when construing a contractual fees clause where the matter is one for de novo review based on

MFAA Fee Arbitrations: Clients Beware—Make Sure You Have A Winning Contractual Interpretation Defense Or Be Prepared To Cough Up Unpaid Fees Plus Litigation Expenses To The Winning Former Attorney If You Do Not Exceed the MFAA Arbitration Award Late

Cases: Arbitration

First District, Division 3 Affirms Lower Court Award in Favor of Attorney, Including Substantial Fees Award.      In our category “Cases: Arbitration,” we have discussed the Mandatory Fee Arbitration Act (MFAA), Business and Professions Code section 6200 et seq. This allows a client to engage in a nonbinding arbitration with an attorney over a fee

Arbitration: Arbitrator’s Fee Award Modified By Appellate Court Based On Finding “No Anchor” For Fee Recovery

Cases: Allocation, Cases: Arbitration, Cases: Section 1717, Cases: Special Fee Shifting Statutes

First District, Division 2 Demonstrates Appellate Scrutiny Of Basis For Fee Award.      In past posts (see, e.g., our July 15, 2008 post on Patel v. Sagar), we have reviewed appellate decisions involving scrutiny of arbitration awards. Several decisions have affirmed arbitrator fee awards even though there was no clear basis, either by contract or

Arbitration: AAA Arbitrator Can Award Fees to Prevailing Party, Even Without Contractual Basis, If Both Parties Request Fees in Their AAA Pleadings

Cases: Arbitration, Cases: Estoppel

Fourth District, Division 1 Affirms Fee Award Granted By Arbitrator Under AAA Rule R-44(d).      In our category “Cases: Estoppel,” we have reviewed cases holding that Civil Code section 1717 fee recovery is not authorized in regular court actions unless the litigant has actual entitlement to fees, with no award being justified when an opponent

Mandatory Fee Arbitration Settlement: Winning Party Reserved Right To Recover Fees and Did Obtain $120,000 In Fees And $7,097.99 In Costs From Losing Attorney

Cases: Arbitration, Cases: Estoppel, Cases: Retainer Agreements, Cases: Special Fee Shifting Statutes, Cases: Standard of Review

First District, Division Four Affirms Fee/Costs Award on Appeal.      In our category “Cases: Settlement,” we have reviewed past decisions where parties have won substantial fee/costs awards after reserving the issue for future determination as part of a settlement in an underlying case. The next opinion is one arising from the settlement of a lawsuit

Fee Arbitration: Attorney’s Rejection Of MFAA Adverse Arbitration Award And Failure To Timely Prosecute Subsequent Litigation Within Five Year Rule Repudiated Prior Rejection So Award Could Be Confirmed To Judgment

Cases: Arbitration

Sixth District’s Holding Based On Furthering Client Protections Under MFAA.      The Mandatory Fee Arbitration Act (MFAA), Business and Professions Code section 6200 et seq., is a statutory scheme by which a client can attempt to inexpensively arbitrate fee disputes with an attorney without resorting first to formal litigation. For those of you wanting more

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