Cases: Civil Rights

Civil Rights: U.S. Supreme Court Reverses Fourth Circuit’s Refusal To Award Attorney’s Fees To Civil Rights Plaintiff Obtaining Injunctive Relief

Cases: Civil Rights

  Instead, Injunctive or Declaratory Relief Usually Will Materially Alter the Parties’ Relationships.      The United States Supreme Court, in a unanimous, per curiam summary decision (no merits briefing/no oral argument), reversed the Fourth Circuit Court of Appeals’ denial of attorney’s fees in a case where a plaintiff won injunctive relief (but not even nominal […]

Civil Rights: Fee/Costs Award Against Losing § 1983 Plaintiff Vacated Because Civil Rights Claims Were Not Frivolous In Nature

Cases: Civil Rights

  Ninth Circuit Affirms § 1983 Defense Summary Judgments, But Does Not Find Plaintiff’s Claims Were Groundless, Without Foundation, Frivolous, or Unreasonable in Nature.      42 U.S.C. § 1988 has a tough standard for prevailing defendants to hurdle in order to gain attorney’s fees recovery against a losing plaintiff in a § 1983 civil rights

Civil Rights: Federal First Circuit Court Of Appeals Finds That Fee Reduction For Rejecting Pretrial Settlement Above Amount Of Eventual Damages Was Improper

Cases: Civil Rights

  Attorney Should Not Be Penalized for Civil Rights Plaintiff’s Choice To Go To Trial.      As reported at Law Blog on October 12, 2012, the First Circuit Court of Appeals has issued an interesting civil rights fee decision in Diaz v. Jiten Hotel Mgt., Inc., Case No. 11-2400 (1st Cir. Oct. 12, 2012).     

Civil Rights: $50,858.44 Attorney’s Fees Award To FEHA Prevailing Plaintiff Affirmed Even Though Compensatory Damages Were Only $10,000

Cases: Civil Rights

  Invited Error Doomed Defense Primary Argument on Appeal.      In Alamo v. Practice Mgt. Information Corp., Case No. B230909 (2d Dist., Div. 7 Sept. 24, 2012) (unpublished), plaintiff prevailed on a complaint alleging California Fair Employment and Housing Act (FEHA) violations as well as a state law wrongful termination claim. Plaintiff recovered compensatory damages

In The News . . . . Western District Missouri District Judge Indicates Intention To Award Fees Against American Disabilities Act Plaintiff And In Favor Of 12 Businesses For Groundless Suits, And Governor Brown Signs ADA Shakedown Prevention Legislation In

Cases: Civil Rights, In The News

       In a recent order, U.S. District Judge Richard Dorr of the Western District of Missouri ordered American Disabilities Act “serial” plaintiff Connie Stevenson to pay 12 defendants attorney’s fees according to future proof based on her filing 12 groundless complaints against different businesses. District Judge Dorr found she did not have standing based

Civil Rights: Although Some Fee Recovery In The Offing, $20,000 Fee Award Reversed For Failure To Consider Losing FEHA Plaintiff’s Ability To Pay

Cases: Civil Rights, Cases: Employment

  Federal and State Cases Require Consideration of “Pocketbook” Factor in FEHA Area.      Defendant must have been feeling pretty good. It had won a couple of prior appeals brought by a losing FEHA plaintiff/job applicant who unsuccessfully sued for national original discrimination under Title VII. Defendant moved for the fees in winning the two

Civil Rights/Special Fee Shifting Statute: Attorney’s Lack Of Credibility About Claim Filing Justified CCP § 1021.7 Fee Award Against His Client

Cases: Civil Rights, Cases: Special Fee Shifting Statutes

  Both Prongs of Disjunctive Section 1021.7 Elements Satisfied Here.      Code of Civil Procedure section 1021.7 is a special-fee shifting provision which allows defendants in a peace officer damages action to recover reasonable attorney’s fees in the court’s discretion upon a finding “that the action was not filed or maintained in good faith and

Civil Rights: Plaintiff Losing FEHA Case Against Individual Liable For $40,000 Fee Award Based Upon Prosecuting Frivolous Action

Cases: Civil Rights, Cases: Employment

  Plaintiff Placed On Notice of Fee Exposure; Ability to Pay Was Considered.      Generally, plaintiffs losing FEHA cases do not face fee or costs exposure, except for an important BUT. BUT they will face fee exposure if the plaintiff’s action is found to be frivolous, unreasonable, or without foundation, even though not brought in

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