Cases: Civil Rights – Page 28 – Cal Attorneys Fees

Year End Wrap-Up: Mike & Marc’s Top 20 Attorney’s Fees Decisions In 2010–Part 1 of 2.

Cases: Civil Rights, Cases: Equity, Cases: Probate, Cases: Retainer Agreements, Cases: Section 998, Cases: SLAPP, Cases: Special Fee Shifting Statutes

December 23, 2010

Above: Wrapping It Up. As we wish all readers the happiest of Holidays, we now present our top 20 published decisions from California appellate courts or the Ninth Circuit. This list is not meant to slight other important decisions in certain areas, but these are the ones that “rose to the top” from […]

Civil Rights: Fee Award Remanded To Explore Waiver Argument By Ninth Circuit

Cases: Civil Rights

December 15, 2010

Plaintiff’s Case Was Hardly Frivolous. In the “Civil Rights” category, we have explored cases under the federal statutory scheme known as Individuals with Disabilities Education Act (IDEA), which does have a fee shifting provision allowing an award of fees to a defendant where a plaintiff continues to litigate after the litigation clearly became frivolous,

Civil Rights: $211,111.63 Fee Award To Former Paralegal Affirmed On Appeal

Cases: Civil Rights

December 14, 2010

Substantial Fee Recovery in Sexual Harassment Case Sustained. In a gnarly sexual harassment case involving a former paralegal, a jury awarded plaintiff $68,000 in compensatory damages against a law firm, the husband of the law firm’s principal owner, and the principal’s son, as well as punitive damages of $75,000 against firm and husband

Section 1717, Allocation, Civil Rights Cost Recovery, Prevailing Party, And Section 998: Court Of Appeal Faces A Melange Of Fee/Costs Issues

Cases: Allocation, Cases: Civil Rights, Cases: Prevailing Party, Cases: Section 1717, Cases: Section 998

December 4, 2010

Fourth District, Division One Affirms Trial Court’s “Wash” Decision on Issues. The next case involves a melange of fee and costs issues arising from a contract and civil rights case in which plaintiff recovered nothing on her claims but beat school district’s contract cross-claim. That gave rise to all sort of prevailing party claims

Civil Rights: U.S. Supreme Court Reverses Ninth Circuit Fee Award Based On Monell.

Cases: Civil Rights, Cases: POOF!

December 2, 2010

$60,000 Fee Award Goes POOF! After High Court Decision. In Los Angeles County v. Humphries, Case No. 09-350 (U.S. Nov. 30, 2010), the United States Supreme Court decided that the Monell v. New York City Dept. of Social Servs., 436 U.S. 658, 694 (1978) “policy or custom” requirement applied to civil rights cases

Civil Rights: $471,240 Fee Award Affirmed In Civil Rights Case

Cases: Allocation, Cases: Civil Rights

November 4, 2010

No Abuse of Discretion Found, Even though Award Was Substantial in Amount. To the victor goes the spoils, says the old adage. Well, that certainly held true in the next case, all the reason that we say that a fee award, one way or the other, can make or break any litigant–and also inspired

Civil Rights: U.S. Supreme Court Grants Certiorari In Fee Apportionment Case

Cases: Cases Under Review, Cases: Civil Rights

November 2, 2010

Fox v. Vice, Fifth Circuit Case, Is Accepted For Review. On November 1, 2010, the United States Supreme Court granted certiorari in Fox v. Vice, Case No. 10-114, a Fifth Circuit Court of Appeal decision that, in a 2-1 decision, upheld a fee award against a civil rights plaintiff and in favor of

Civil Rights: Plaintiff Civil Rights Organization Entitled To Seek Attorney’s Fees Under Judicially Enforceable Settlement Agreement

Cases: Civil Rights

October 23, 2010

Ninth Circuit Reverses District Court’s Denial of Fees to Settling Plaintiff. In La Asociacion de Trabajadores de Lake Forest v. National Day Laborer Organizing Network, Case No. 08-56564 (9th Cir. Oct. 22, 2010) (for publication), plaintiff reached a settlement agreement with defendants over the enforcement of restrictions on day laborers soliciting work on public

Civil Rights And Poof!: $329,208.35 Fee Award Evaporates Because Plaintiff Did Not Timely Plead A Section 1983 Claim

Cases: Civil Rights, Cases: POOF!

October 9, 2010

Second District, Division 2 Strikes Fee Award. Here is a reminder that fee entitlement is a key liminal concern for review of any attorney’s fees award. The failure to plead a claim allowing for fee recovery can and often will be fatal to the ability to recoup substantial attorney’s fees. The next case is

Civil Rights: Disabled Plaintiff In ADA Suit Gets Chance To Seek More Attorney’s Fees

Cases: Civil Rights, Cases: POOF!

September 23, 2010

Ninth Circuit Remands $136,537.83 Fee Award After Reversing and Granting Plaintiff More Relief. Here is a reverse POOF! Plaintiff in Antoninetti v. Chipotle Mexican Grill, Inc., Case Nos. 08-55867 et al. (9th Cir. July 26, 2010, amended Sept. 22, 2010) (for publication) won one claim in an American with Disabilities Act (ADA)