Cases: Civil Rights

  Some Aspects Affirmed But Remanded, Some Reversed Outright, And Appellate Fee Issue Remanded To Commissioner To Allocate.      C.W. v. Capistrano Unified School Dist., No. 12-57315 (9th Cir. Mar. 2, 2015) (published) is an interesting case involving a school district prevailing defendant in a disabled child lawsuit, involving claims under the Individuals with Disabilities

  $387,750 In Fees Requested, With Appellate Court Determining That Some Reasonable Amount Should Be Awarded.      Co-contributor Marc calls this next case “shock, countershock, equilibrium.” Co-contributor Mike agrees with his assessment of the result in Heller v. Carmel Partners, Inc., Case No. B253512 (2d Dist., Div. 2 Feb. 4, 2015) (unpublished).           Commodore W.H.

  Use of Juror Declaration To Show “Close Case,” A Creative Approach, Was Not Accepted By Trial Court, But Appellate Court Did Not Rule It Out Under The Right Circumstances.      This next case involved a creative attempt to use a juror affidavit to negate the proposition that a FEHA case was frivolous, unreasonable or

  Plaintiff Requested Close to $1 Million in Fees (Inclusive of 3.5 Multiplier).      Plaintiff sued a school district and two supervisors for FEHA and a host of ancillary discrimination claims. Along the way, even though an appellate court revived some claims, plaintiff had claims pared down or only partially prevailed—3 out of 11, for