Cases: Cases Under Review

Cases Under Review: U.S. Supreme Court Hears Arguments In Dual Patent Fee-Shifting Statute Cases

Cases: Cases Under Review

  Octane Fitness and Highmark Deal With Substantive/Review Standard Issues Regarding “Exceptional” Circumstances Allowing Fee Recovery In Certain Patent Cases.      As we mentioned in our previous October 15, 2013 post, the U.S. Supreme Court granted certiorari to consider substantive and standard of review issues relating to the “exceptional” language in a patent statute allowing […]

Cases Under Review/Deadlines: Unresolved Contractual Fee Motion Does Not Extend The Time To Appeal An Earlier Merits-Based Final Decision At Federal Court Level

Cases: Cases Under Review, Cases: Deadlines

  U.S. Supreme Court So Decides, Finding Rule for Statutorily-Based Fee Motions Applied to Contractually-Based Fee Motions Also.      On January 15, 2014, the U.S. Supreme Court issued its opinion in Ray Haluch Gravel Co. v. Cent. Pension Fund of Int’l Union of Operating Eng’rs, 2014 U.S. LEXIS 646 (U.S. Jan. 15, 2014). Earlier, this

Cases Under Review: U.S. Supreme Court Grants Certiorari On Two Fee Issues In Patent Cases

Cases: Cases Under Review

  Objectively Baseless Appellate Review and Federal Circuit’s 2-Part “Exceptional Case” Test Are At Issue.      On October 1, 2013, the U.S. Supreme Court granted certiorari to review two Federal Circuit opinions involving fee issues in patent cases.      Patent Office Bldg.  Washington, D.C. Lib. of Cong.      The first one, Highmark v. Allcare Health

Cases Under Review/Homeowner Associations: California Supreme Court To Review Unpublished Tract 19051 HOA v. Kemp Decision

Cases: Cases Under Review, Cases: Homeowner Associations

  Issue Is Whether Prevailing Homeowner Entitled To Civil Code Section 1354 Fees When HOA Found Not To Be A CID.      On May 16, 2013, we posted on the unpublished Second District decision of Tract 19051 Homeowners Assn. v. Kemp, Case No. B235015 (2d Dist., Div. 4 May 15, 2013). In this decision, the

Cases Under Review/Civil Rights: California Supreme Court Rules That Unruh Act Prevailing Party Fee Recovery Is Bilateral And Not Preempted By ADA Federal Fee Recovery Restrictions

Cases: Cases Under Review, Cases: Civil Rights

  Case Pitted Unruh Act State Provisions Against Federal ADA Fee-Shifting Provisions–State’s Rights Prevailed On This One.      Jankey v. Lee, Case No. S180890 (Cal. Sup. Ct. Dec. 17, 2012) (published) is a case pitting a bilateral attorney’s fees provision to prevailing parties under the state Unruh Act (Civ. Code, § 55) against a federal

Cases Under Review/Civil Rights: Washington District Court Decision Denying Civil Rights Fees To Nonprofit Organization Contesting Municipal Regulation Near Zoo Might Get Reversed

Cases: Cases Under Review, Cases: Civil Rights

  At Least One Circuit Judge Thinks Denial Was Erroneous.      In Higher Taste v. City of Tacoma, Case No. C10-5252BHS (W.D. Wash. Doc. 54 filed 11/22/11), U.S. District Judge Benjamin H. Settle denied a nonprofit plaintiff’s request for attorney’s fees under the civil rights statute (42 U.S.C. § 1988(b)) after nonprofit obtained a preliminary

Cases Under Review: U.S. Supreme Court Grants Review On Whether Plaintiff Losing Case, But Receiving Precedential Equitable Tolling Decision, Entitled to Fee Recovery In Federal Vaccine Case

Cases: Cases Under Review

       Recently, on November 20, 2012, the U.S. Supreme Court, in Sebelius v. Cloer, No. 12-236, granted certiorari in a Federal Circuit decision (675 F.3d 1358 (Fed. Cir. 2012)), where a plaintiff losing a petition under the National Vaccine Injury Compensation Program argued she was still entitled to fee recovery. At the Federal Circuit

Pending Cases: U.S. Supreme Court To Determine If Prevailing Defendant Can Be Awarded Costs Against Losing Plaintiff In FDCPA Case

Cases: Cases Under Review, Cases: Costs

  FRCP 54(d) Was Basis For the Cost Award in Tenth Circuit Decision.      On Tuesday, May 29, 2012, the United States Supreme Court granted certiorari from the Tenth Circuit’s decision in Marx v. General Revenue Corp., U.S. No. 11-1175, to determine whether a prevailing defendant can be awarded routine costs (not attorney’s fees) against

Pending Cases: Kirby Argued, With California Supreme Court Justices Sounding Skeptical That Meal/Rest Break Claims Give Rise To Plaintiff Fee Exposure Under Labor Code Section 1194

Cases: Cases Under Review

Kirby v. Immoos Fire Protection       For those of you following Kirby v. Immoos Fire Protection, Case No. S185827, there is an interesting article by Cynthia Foster in an March 6, 2012 post from The Recorder (Essential California Legal Content). The article suggests that the California Supreme Court appears wary from the flow of the

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