Cases: Civil Rights

$17,945 Fee Award Overturned Because No Bad Faith/Lack Of Reasonable Cause Even Though Case Was Found To Lack Ultimate Merit.             In Delgado v. County of Los Angeles, Case No. B271913 (2d Dist., Div. 5 Feb. 13, 2018) (unpublished), County defensed an ex-employee’s FEHA harassment/retaliation claims through a summary judgment motion, with the trial judge

Opinion Affirmed Fee Denial To Losing FEHA Plaintiff Only Obtaining One Favorable Vote On Jury Special Verdict.             In a December 22, 2017 post, we discussed Bustos v. Global P.E.T., Inc., a Fourth District, Division 2 unpublished decision affirming a denial of FEHA fees to a plaintiff who obtained a favorable vote on one jury

Whole Panel Will Now Hear EAJA Fee Recovery Dispute.             In our September 8, 2016 post, we discussed Ibrahim v. U.S. Department of Homeland Security, 835 F.3d 1048 (9th Cir. 2016), where the Ninth Circuit reversed and remanded the district court order settling the amounts of fees and costs under EAJA to be awarded to

However, Plaintiffs’ Answering Brief On The Merits Fee Request Was Properly Denied.             In Ortega v. USA/Maricopa County/Sheridan, No. 16-16663 (9th Cir. Jan. 4, 2018) (published), Plaintiffs obtained an injunction against Maricopa County in a civil rights case.  Mr. Sheridan, a now-retired employee of Maricopa County, appealed from a district court’s finding that he committed

District Court’s Articulation Of Reduction Was Clear Enough.             Getting a shave. "Uncle Joe Cannon getting one of his last congressional shaves. Bert Broden has been Uncle Joe's barber for the past twelve years."  Feb. 26, 1923.  Library of Congress.                 In Dunlap v. Liberty Natural Products, Inc., Nos. 15-35395/16-35113 (9th Cir. Dec. 28, 2017)

Plaintiff Did Not Prevail On His Monetary Claims, And No Injunction/Declaratory Relief Found Against Defendants.              After obtaining a jury’s favorable answer to whether plaintiff’s physical condition was a substantial motivating reason for his termination, the jurors found against plaintiff on whether the conduct was a substantial factor in causing harm to plaintiff.  Plaintiff then

Appellant Failed To Raise The Winning Argument For Reversal.             Horsley v. Tourmaline Real Estate Partners, LLC, Case No. B277926 (2d Dist., Div. 3 Dec. 19, 2017) (unpublished) is a lesson in being careful what you plead in your complaint prayer for relief, because it might trigger a bilateral fee-shifting statute.              Plaintiff pled for