Cases: Civil Rights

Civil Rights, Reasonableness Of Fees: ADA Default Judgment With Injunctive Relief Did Change The Relationship Between The Parties, Which Means A Denial Of Attorney’s Fees Was Erroneous

Cases: Civil Rights, Cases: Reasonableness of Fees

However, Ninth Circuit Did Agree The District Court, On Remand, Could Find Use of Recycled Work And Errors In The Fee Petition Would Justify A Reduction On Reasonableness Grounds. In Price v. Diab, No. 25-713 (9th Cir. July 13, 2026) (published), the district court granted an American with Disability Act (ADA) plaintiff a default injunction […]

Civil Rights: South Dakota Federal District Judge Issues A Substantial Fee/Costs Award Of Around $2.5 Million To Prevailing Plaintiffs In An Indigenous Tribal Civil Rights Dispute Involving A South Dakota Hotel

Cases: Civil Rights

Plaintiffs Prevailed In Protracted, Bitterly-Fought Litigation Where The Jury Verdict Was Only Around $64,000 In Total. Although we usually post on California fees cases, the fee award in the federal civil rights case of NTN Collective v. Retsel Corporation d/b/a Grand Gateway Hotel, No. 5:22-cv-05027-KES (D.S.D. July 7, 2026 fee award; Doc. No. 485) caught

Civil Rights, Construction: In Construction Accessibility Cases Under The Unruh Act, Where A Defendant Asks For A Stay And An Early Evaluation Conference, Plaintiff Must File Information Showing Claimed Damages And The Amounts Of Fees/Costs Incurred As Of The Filing

Cases: Civil Rights, Cases: Construction

Plaintiff Argued That The Fees Disclosure Invaded The Attorney-Client Privilege, An Argument Rejected At Both The Trial And Appellate Levels. In what we consider to be a very pragmatically reasoned decision, Johnson v. Rubylin, Inc., Case No. H053076 (6th Dist. Dec. 19, 2025) (published) decided that the attorney-client privilege does not support a disability plaintiff

Civil Rights: Mentally Disabled Prevailing Party Entitled To Fees Where Confidential Records Disclosed Negligently Or Willfully And Knowingly To Others Not Entitled To See Them

Cases: Civil Rights

Welfare & Institutions Code Section 5330(d) So Provides.              In Doe v. County of Orange, Case No. G064562 (4th Dist., Div. 3 Sept. 2, 2025) (published), the appellate court reminds us that Welfare & Institutions Code section 5330(d) allows a mentally disordered person to recover reasonable attorney’s fees, on a mandatory basis, by a

Civil Rights: $610,050 FEHA Fee Award Affirmed In Case Where Plaintiff Obtained $4 Million Judgment Against City of L.A.

Cases: Civil Rights

Lower Court Did Not Abuse Its Discretion On The Fee Award—It Cut The Requested Fees By $525,342.75.                In Carranza v. City of Los Angeles, Case No. B327196 (2d Dist., Div. 7 May 23, 2025) (partially published; fee discussion not published), a plaintiff sued City of Los Angeles under FEHA for a hostile work environment

Allocation, Civil Rights: Plaintiff Prevailing on a Bane Act Claim Awarded $829,702.50 In Attorney’s Fees

Cases: Allocation, Cases: Civil Rights

Although She Was Unsuccessful On Some Claims, The Work Was Interrelated Such That Neither Allocation Nor A Further Reduction Was Required.                In Gonzalez v. County of Fresno, Case No. F086776 (5th Dist. Apr. 16, 2025) (unpublished), plaintiff recovered on a Bane Act claim (which has a fee-shifting statute), even though she failed to recover

Civil Rights, Costs: Failure To Consider Plaintiff’s Financial Position In FEHA Costs Award Led To A Reversal

Cases: Civil Rights, Cases: Costs

Other Items Also Had To Be Revisited.                In the FEHA area, if appropriately raised, lower courts must take into account plaintiff’s financial situation in making a costs award against a non-prevailing FEHA plaintiff even where plaintiff’s case was deemed frivolous.  The lower court did award costs against the plaintiff, finding indigency was irrelevant in

Civil Rights, Costs: Lower Court’s Award Of Costs Against Dismissing FEHA Plaintiff Reversed As A Matter Of Law.

Cases: Civil Rights, Cases: Costs

No Indication Case Was Frivolous.                We have posted on an emerging trend in FEHA cases, which is that routine costs cannot be assessed against a non-prevailing plaintiff unless the case is deemed frivolous. Vanrooy v. Jacobes-Downing-Hughes, Inc., Case No. C100312 (3d Dist. Apr. 7, 2025) (unpublished) is a continuation of that theme.  There, plaintiff’s claims

Civil Rights, Prevailing Party: SCOTUS Decides That A Preliminary Injunction Mooted By Subsequent Events Does Not Make One A Prevailing Party Under The Civil Rights Fee Shifting Statute

Cases: Civil Rights, Cases: Prevailing Party

However, A Footnote In the Opinion Shows That This Is A Nuanced Issue Depending On Objectives Of Plaintiff Or Defendant.                We now report on a recent SCOTUS decision under the civil rights statute, 42 U.S.C. § 1988(b), which provides when a “prevailing party” can recover fees.  This case is interesting and may have repercussions

Civil Rights, Prevailing Party, Settlement, Special Fee Shifting Statutes: Stipulated Judgment To Enforce Settlement Had Post-Judgment Enforcement Language Carve-Out Allowing For Further Post-Enforcement Attorney’s Fees

Cases: Civil Rights, Cases: Prevailing Party, Cases: Settlement, Cases: Special Fee Shifting Statutes

Also, On Remand, Trial Judge Had To Determine If Plaintiffs Prevailed In Voting Rights Act Case; And, If So, Amount Of Further Fees To Be Awarded.                In Robles v. City of Ontario, Case No. G064119 (4th Dist., Div. 3 Nov. 6, 2024) (published; originally issued unpublished on October 24, 2024), plaintiffs alleged that defendants

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