Cases: Cases Under Review

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 […]

Pending Cases: California Supreme Court Grants Review To Tackle Certified Question By Ninth Circuit In Heller Ehrman Clawback Case

Cases: Cases Under Review

  Viability of Jewell v. Boxer Is At Stake.     In our July 30, 2016 post, we observed that the Ninth Circuit in In the Matter of Heller Ehrman LLP, Case No. 14-16314 (9th Cir. 7/27/16) (published) certified to the California Supreme Court the following outcome determinative question: “Under California law, does a dissolved law

Cases Under Review: Sheppard, Mullin Conflict Case Accepted For Review By California Supreme Court

Cases: Cases Under Review

  Case Involved Vacated Arbitration Award To Former Attorneys Based On Violation of CRC 3-310.      On January 30, 2016, we posted on Sheppard, Mullin v. J-M Manufacturing, a Second District published decision (at the time) vacating a $1.3 million attorney’s fees award to former attorneys after an arbitration based on former attorneys’ conflict found

Cases Under Review: As CRST Van Expedited, Inc. v. EEOC Heads To A March 28, 2016 Argument Before SCOTUS, Ross Runkel Provides His Insights On Case In SCOTUSblog Post

Cases: Cases Under Review

  Eighth Circuit Reverses Nearly $4.7 Million Fee Award Against EEOC, But Prevailing Party Issue Looks To Predominate.     On January 3, 2016, we posted on the fact that the United States Supreme Court (SCOTUS) granted certiorari with respect to an Eighth Circuit opinion reversing a nearly $4.7 million fee award against EEOC based on

Cases Under Review/Intellectual Property: SCOTUS Will Decide What Standard Applies In Making Award Of Attorney’s Fees Under Copyright Act Section 505

Cases: Cases Under Review, Cases: Intellectual Property

  Certiorari Granted On January 15, 2016 From Second Circuit Denial Of Fees To Prevailing Defendant.      The U.S. Supreme Court, on January 15, 2016, granted certiorari to resolve a split among circuit courts on the proper standard for awarding attorney’s fees under the Copyright Act (17 U.S.C. § 505). The case is Kirtsaeng d/b/a

Cases Under Review: SCOTUS Decides That Unaccepted FRCP 68 Offer To Judgment On Named Plaintiff’s Individual Claims Does Not Moot The Individual Plaintiff’s Or Putative Class’s Complaint

Cases: Cases Under Review

  Resulting Article III Controversy Requirement Met Because All Parties Remained Adverse After Offer Not Accepted.     In Campbell-Ewald Co. v. Gomez, No. 14-857 (U.S. Supreme Court Jan. 20, 2016) (published), SCOTUS decided that an unaccepted F.R.Civ.P. 68 offer to judgment, which would have given complete relief as to the individual plaintiff’s claim, did not

Cases Under Review: SCOTUS Grants Certiorari Petition On Eighth Circuit Decision Reversing Fee Award Against EEOC Because Dismissal Was Not On The Merits

Cases: Cases Under Review

  Standard For Fee Recovery Under 42 U.S.C. § 2000e-5(k) At Issue, With Cert Petition Saying Different Thinking In Fourth, Ninth, and Eleventh Circuits.      On December 4, 2015, the U.S. Supreme Court granted certiorari in CRST Van Expedited, Inc. v. Equal Employment Opportunity Commission (EEOC), 774 F.3d 1169 (8th Cir. 2015), cert. granted, No.

California State Cases Under Review At 2015 Year-End

Cases: Cases Under Review

       In a supplement to our normal Top 20 California fees/costs decision (sorry, Dave Letterman, beard and all, we doubled your efforts even though you are in retirement but we enjoyed your Top 10 every night you were on air), here is a summary of cases pending in front of the California Supreme Court

Cases Under Review/Fee Clause Interpretation/Section 1717: Mountain Air Decision Pending For Review By California Supreme Court

Cases: Cases Under Review, Cases: Fee Clause Interpretation, Cases: Section 1717

  Split Opinion Decided Novation Defense Was “On The Contract” For Fee Clause Interpretation/Section 1717 Purposes.      On November 21, 2014, we posted on Mountain Air Enterprises, LLC v. Sundowner Towers, LLC, 2014 WL 6488418 (Nov. 20, 2014) [1st Dist., Div. 2; majority opinion by Stewart, J. and dissenting opinion by Richman, J.], which held

Cases Under Review: California Supreme Court Grants Review Of County of Los Angeles Board Of Supervisors Decision

Cases: Cases Under Review

  7-0 Was The Vote.     Yesterday, we posted on LACBA’s letter request to the California Supreme Court to either grant review or depublish County of Los Angeles Board of Supervisors v. Superior Court (ACLU), a Second District decision finding that attorney billing statements were privileged and did not have to be disclosed under California’s

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