Cases: Cases Under Review

Cases Under Review, Intellectual Property: SCOTUS Will Decide Whether “Full Costs” To Prevailing Party In Copyright Case Is Limited To Taxable Costs Or Non-Taxable Costs

Cases: Cases Under Review, Cases: Intellectual Property

Case Will Resolve Split Among 8th, 9th, and 11th Circuits.             On Thursday, September 27, 2018, the U.S. Supreme Court granted certiorari in Rimini Street Inc. v. Oracle USA Inc., No. 17-1625 (U.S. Sept. 27, 2018, cert. granted from Ninth Circuit opinion).   Here is the issue to be decided, one resolving a split between the […]

Cases Under Review: SCOTUS Grants Certiorari To Settle Conflict In Circuit Courts On Exactly What Actions Are Covered By The Statutory Cap On Attorney’s Fees In Social Security Benefit Matters

Cases: Cases Under Review

Fairly Even Split Among The Circuit Courts Passing On The Issue.             On May 21, 2018, the U.S. Supreme Court made public that it has granted certiorari in Culbertson v. Berryhill, No. 17-773. The issue to be decided was framed this way: Whether fees subject to 42 U.S.C. § 406(b)’s 25-percent cap related to the

Cases Under Review/Class Actions:  SCOTUS Grants Certiorari To Decide Whether Class Settlement Where $8.5 Million Was To Be Divided By Class Counsel And Cy Pres Recipients Was Fair In Nature

Cases: Cases Under Review, Cases: Class Actions

Certiorari Granted On April 30, 2018.             In Frank v. Gaos, No. 17-961 (U.S. Supreme Court), certiorari was sought by objectors to a class action settlement in a plaintiff class action against Google for alleged federal privacy violations over its search engine.  The settlement provided that nothing would go to class members, but $8.5 million

Cases Under Review:  California Supreme Court Has Four Fee/Sanctions Issues Pending For Consideration By Our Count

Cases: Cases Under Review

Arbitration 998 Costs Submission Issue, Appeal Jurisdiction Over Sanctions Issue, Arbitration Illegality/Conflicts Issues, And Prompt Payment Statute Issue Are The Ones We See As Pending.               Here is our list of California Supreme Court cases which have attorney’s fees/costs/sanctions issues involved in cases under review. 1.  Heimlich v. Shivji, S243029. (H042641; 12 Cal.App.5th 152;

Cases Under Review: California Supreme Court Rules On Whether Dissolved Law Firm Retains Property Interest In Hourly Fee Matters In Progress

Cases: Cases Under Review

Answer:  The Law Firm Does Not Retain Such Interest — Because It Is Not A Property Interest — Except On Very Limited Basis.         On July 30, 2016, we posted that the Ninth Circuit certified as a question to the California Supreme Court whether a dissolving law firm has any property interest in unfinished hourly business. 

Prevailing Party:  City of West Hollywood v. Kihagi Decision Now Published

Cases: Cases Under Review, Cases: Prevailing Party

Attorney’s Fees Reversed Where Permanent Injunction Overturned Such That Prevailing Party Determination Was Premature.             On October 1, 2017, we posted on City of West Hollywood v. Kihagi, an appellate decision which was unpublished at the time.  It reversed a fees award to a prevailing party because a permanent injunction was reversed such that prevailing

Cases Under Review:  SCOTUS Grants Certiorari In Prisoner Civil Rights Case To Determine Meaning Of “Not To Exceed 25 Percent” Language in Prison Litigation Reform Act Fee Provision

Cases: Cases Under Review

Highlights Split Of Opinion Between Circuit Courts On Interpretation Of The Phrase.             On August 25, 2017, the U.S. Supreme Court (SCOTUS) granted certiorari in Murphy v. Smith, No. 16-1067 (U.S.), a prisoner’s civil rights case involving interpretation of language in the Prison Litigation Reform Act (PLRA).              In Murphy, an Illinois prisoner won over

Cases Under Review: Two Cases Pending Before The California Supreme Court Will Have Decisions Issued Within The Next Few Months

Cases: Cases Under Review

  Los Angeles County Board of Supervisors and DisputeSuite.com Cases Are The Ones.     We can now report that a couple of pending attorney’s fees cases before the California Supreme Court likely will be decided within the next few months.  Here are the issues and status updates:     1.  PRIVILEGED NATURE OF FEE INVOICES IN

Cases Under Review/Sanctions: SCOTUS Decides Whether “Inherent Authority Of Court” Sanctions Must Have Causal Connection To Sanctioned Conduct And Must Have Procedural Protections Applicable In Criminal Cases

Cases: Cases Under Review, Cases: Sanctions

  Certiorari Granted With Consolidated Case On September 29, 2016.     On September 29, 2016, the United States Supreme Court granted certiorari in The Goodyear Tire & Rubber Co. v. Haeger, No. 15-1406 (U.S.), a Ninth Circuit 2-1 decision [discussed in our July 21, 2015 post], and consolidated it with Musnuff v. Haeger, No. 15-1491

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