Cases: Cases Under Review

Cases Under Review: SCOTUS Grants Certiorari On Whether A FRCP 68 Offer Of Complete Relief Moots Individual’s Claim And Moots Named Plaintiff’s Class Claim Before Certification

Cases: Cases Under Review, Cases: Settlement

  Splits Among Circuit Courts On Both Issues—Ninth Circuit Decision Accepted For Review.      On May 18, 2015, the U.S. Supreme Court granted certiorari in Campbell-Ewald Co. v. Gomez, No. 14-857, a Ninth Circuit decision formerly published at 768 F.3d 871 (9th Cir. 2014). Two issues involving the impact of FRCP 68 offers of complete […]

Cases Under Review, Employment, Prevailing Party, Section 998: Employer Accepting 998 $20,000 Offer From Former Employee In Wage/Hour Suit Assessed With $162,434.25 In Fees Under Labor Code Section 1194 Given 998 Offer Was Silent On Fees/Costs

Cases: Cases Under Review, Cases: Employment, Cases: Prevailing Party, Cases: Section 998

  $202,882.50 In Fees Had Been Requested.      Portugal v. Sewer and Pipeline Contractor, Inc., Case No. B251730 (2d Dist., Div. 3 Mar. 18, 2015) (unpublished) dealt with a former employee suing an employer for minimum wage/overtime compensation violations. Employee served a 998 offer, which did not allocate a $20,000 settlement offer among claims and

Cases Under Review: California Supreme Court Grants Review Of Class Action Fee Case Uphold Lower Court’s Primary Utilization Of Percentage Of Recovery Method In A Common Fund Case

Cases: Cases Under Review

  Petition For Review Was Granted On February 25, 2015.      On February 25, 2015, the California Supreme Court granted review of the following case, with the issue involved described this way in its Weekly Summary for the week of February 23, 2015: Lafitte v. Robert Half Internat., Inc., S222996. (B249253; 231 Cal.App.4th 860; Los

Cases Under Review: California Supreme Court Will Hear Two Prevailing Defendant Fee/Costs Cases On February 4, 2015

Cases: Cases Under Review

  Tract 19051 HOA And Williams Matters Set To Be Argued.      On February 4, 2015, the California Supreme Court will hear arguments in two prevailing defendant cases, one involving fee recovery and the second involving routine costs recovery.      In Tract 19051 Homeowners Association v. Kemp, No. S211596, the Court will consider whether a

Bankruptcy/Cases Under Review: Federal Government And Several States Support Baker Botts’ SCOTUS Position On Whether Efforts Defending Core Application Fees Are Compensable

Cases: Bankruptcy Efforts, Cases: Cases Under Review

  Fifth Circuit Decision Saying No Fees For These Efforts Under Scrutiny.      On October 2, 2014, we posted on SCOTUS granting certiorari with respect to a Fifth Circuit decision denying Baker Botts substantial fees and costs in defending their core application fee efforts. According to Law 360, “[t]he federal government on Wednesday [December 10,

Bankruptcy/Cases Under Review: SCOTUS Grants Certiorari To Decide If Bankruptcy Attorneys Can Get Compensation For Defending Fee Application Requests Relating To “Core Fees”

Cases: Bankruptcy Efforts, Cases: Cases Under Review

Bankruptcy/Cases Under Review: SCOTUS Grants Certiorari To Decide If Bankruptcy Attorneys Can Get Compensation For Defending Fee Application Requests Relating To “Core Fees” Fifth and Ninth Circuits Are Split On The Issue.      Today, the U.S. Supreme Court granted certiorari to resolve whether bankruptcy judges have discretion under Bankruptcy Code section 330(a) to award bankruptcy

Cases Under Review/Intellectual Property: SCOTUS Decides Companion Cases About The "Exceptional Case" Language In Patent Fee-Shifting Provision

Cases: Cases Under Review, Cases: Intellectual Property

  Octane Fitness Rejects Rigid Test For Determining What Is An "Exceptional Case," Giving Great Discretion to District Courts.      In Octane Fitness, LLC v. ICON Health & Fitness, Inc., 572 U.S. __, Case No. 12-1184 (U.S. Supreme Ct. Apr. 29, 2014), SCOTUS rejected a more rigid Federal Circuit test for determining what is an

Cases Under Review: Elder Abuse/Judgment Enforcement Conflicting Scheme Fee Case Set For California Supreme Court Argument In May 2014

Cases: Cases Under Review

  May 7 Is Scheduled Argument Date.      We can now report that a fee case involving a conflicting battle between the Elder Abuse and Judgment Enforcement statutory schemes–Conservatorship of the Estate of McQueen (Ida) Taye (Fessha) v. Reed (Carol Veres), S209376 (Poochigian, J., assigned justice pro tempore)—has been scheduled for argument before the California

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