Cases: Cases Under Review

Cases Under Review, Section 998: California Supreme Court Decides That CCP § 998 Costs-Shifting Applies To Pre-Trial Settlements

Cases: Cases Under Review, Cases: Section 998

. . . Although The Parties Are Free To Allocate Costs Differently Under Their Settlement.                The California Supreme Court in Madrigal v. Hyundai Motor America, Case No. S280598 (Cal. Sup. Ct. Mar. 20, 2025) (published) decided that CCP § 998 offers do apply to pretrial settlements, rather than just judgments or arbitration awards, for […]

Cases Under Review, Civil Rights: SCOTUS Will Review Whether Attorney’s Fees Are Available To A Civil Rights Plaintiff Obtaining A Preliminary Injunction Of Significance Before A Conclusive Merits Ruling Was Reached

Cases: Cases Under Review, Cases: Civil Rights

Cert Was Granted On April 22, 2024 In A Fourth Circuit Case.                In Lackey v. Stinnie, 77 F.4th 200 (4th Cir. 2023), the Fourth Circuit Court of Appeal in an en banc opinion held that a civil rights plaintiff winning a preliminary injunction, but not securing a final judgment, might be a prevailing party

Cases Under Review: Discovery Sanctions And Arbitration Unconscionability Cases Are Pending For Resolution By The California Supreme Court

Cases: Cases Under Review

These Are The Two Civil Cases With Fee Issues Currently Pending Before The State Supreme  Court; Plus We Update Our Year End 2022 Review Of K.M. v. Grossmont Union High School Dist. Decision. On October 27, 2022, Shanna did a nice post on a lengthy discovery sanctions case.  That matter was accepted for review and

Cases Under Review: Ramirez Case On An Arbitration Unconscionability Issue Is The Only Case Under California Supreme Court Review Re: Fee Issues

Cases: Cases Under Review

Only One That We Could See.             To keep readers posted on what is pending in the California Supreme Court as far as fee issues, we only found this pending matter as of year end 2022: Ramirez v. Charter Communications, Inc., S273802. (B309408; 75 Cal.App.5th 365; Los Angeles County Superior Court; 20STCV25987.) Petition for review

Cases Under Review, Private Attorney General: Doe v. Regents Opinion Depublished

Cases: Cases Under Review, Cases: Private Attorney General (CCP 1021.5)

California Supreme Court Denied Review, But Depublished On Its Own Motion.             On June 10, 2020 and July 1, 2020, we posted on Doe v. Regents, 51 Cal.App.5th 531 (2020), where the 2/6 DCA reversed denial of CCP § 1021.5 fees to a UCSB student who successfully obtained reversal of an interim suspension and reinstatement

Cases Under Review, Costs: SCOTUS Grants Certiorari On The Question Of Whether District Courts Have Discretion To Deny Or Reduce Appeal Costs

Cases: Cases Under Review, Cases: Costs

Particular Question Dealt With Substantial Supersedeas Bond Premiums and Interest.             On January 8, 2021, the U.S. Supreme Court granted certiorari on an appellate costs issue, in City of San Antonio v. Hotels.com, No. 20-334 (U.S.), to wit:  “Whether, as the U.S. Court of Appeals for the 5th Circuit alone has held, district courts “lack[]

Cases Under Review: Siry Decision, Which Created A Split In Appellate Thinking On A Fee Issue Under Penal Code Section 496(b), Is Accepted For Review By The California Supreme Court

Cases: Cases Under Review

Siry Departed From Opposite Conclusion Reached by the Fifth District in Switzer v. Wood.             On March 4, 2020, we posted on Siry Investment v. Farkhondehpour, a 2/2 DCA published opinion concluding that a trial judge could not award treble damages and attorney’s fees under Penal Code section 496(c), parting company with the contrary conclusion

Cases Under Review: SCOTUS Will Decide If USPTO Can Charge Its Internal Attorneys’ Expenses Against A Rejected Patent Applicant In 35 U.S.C. Section 145 District Court Proceeding

Cases: Cases Under Review

Case Centers Upon The Meaning Of “All The Expenses Of The Proceeding.”     On March 4, 2019, the U.S. Supreme Court granted certiorari with respect to a Federal Circuit opinion in order to wrestle with this issue:  “Whether the phrase “[a]ll the expenses of the proceedings” in 35 U.S.C. Section 145 encompasses the personnel

Cases Under Review, Social Security: SCOTUS Decides That Social Security Benefits Cap Of 25% Only Applies To Court Representation, Not Agency Work

Cases: Cases Under Review, Cases: Social Security

SCOTUS Disagreed With Eleventh Circuit, Following The Contrary Conclusion By Three Other Circuit Courts. United States Supreme Court             On January 8, 2019, the United States Supreme Court issued its opinion in Culbertson v. Berryhill, No. 17-773 (U.S. Supreme Court Jan. 8, 2019), which confronted this issue in the social security benefits area: “Whether fees

Cases Under Review: California Supreme Court Grants Review In National Lawyers Guild Case During Week Of December 17, 2018

Cases: Cases Under Review

Issue Was Cost Shifting For Redaction Of Computerized Materials Under The California Public Records Act.             On September 30, 2018, we posted on the National Lawyers Guild case. We can now report that it was accepted for review by the California Supreme Court during the week of December 17, 2018. Here is the issue as

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