Cases: Civil Rights

Civil Rights: Ninth Circuit, In Sharply Divided Opinion, Finds That Pro-Rata Allocation Of Fees Between Frivolous And Nonfrivolous Claims Is Impermissible

Cases: Civil Rights

Majority Acknowledges Tough Burden Resulting to Defense Under Its “But For” Documentation Test, Drawing a Sharp Dissent from Circuit Judge Bybee.      The next Ninth Circuit decision is an interesting one for defendants seeking fees in civil rights cases. It involves a situation where there were multiple claims, some based on civil rights, some on

Civil Rights/Sanctions: Federal Court of Appeals Provides Guidance on When Fees Should Be Awarded Against Losing Civil Rights Plaintiffs

Cases: Civil Rights, Cases: Sanctions

  First Circuit Finds Excluded Trial Evidence Could Be Used to Determine Reasonableness of Suit, Reversing Fee Award; Reviewing Court Also Scaled Down Sanctions Against Plaintiffs’ Attorney.       In a civil rights political discrimination case, a district judge granted the defendants’ motion for judgment as a matter of law after a 15 day trial, in

Class Actions/Civil Rights/Private Attorney General/Settlements: California Lawyer Article Explores Negotiation Of Attorney’s Fees In Public Agency Cases

Cases: Civil Rights, Cases: Class Actions, Cases: Private Attorney General (CCP 1021.5), Cases: Settlement

  Concurrent Negotiation of Substantive Relief and Fees in Public Agency Cases Is Allowable.      Adam W. Hofmann, an attorney in the San Francisco office of Hanson Bridgett, has written an article entitled “Negotiating Attorneys Fees” in the January 2011 edition of The California Lawyer. In it, he explains that California cases expressly reject any

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

Cases: Civil Rights, Cases: Class Actions, Cases: Costs, Cases: Experts, Cases: Liens for Attorney Fees, Cases: Private Attorney General (CCP 1021.5), Cases: Reasonableness of Fees, Cases: Requests for Admission, Cases: Retainer Agreements, Cases: Section 1717, Cases: Special Fee Shifting Statutes

     Here is the second installment of our top 20 decisions.      10. Jankey v. Lee, 181 Cal.App.4th 1173 (1st Dist., Div. 4 2010), review granted, No. S180890 (May 12, 2010) — authored by Presiding Justice Ruvolo; discussed in our Feb. 6, 2010 post.      Attorney’s fees are awardable to a prevailing defendant under Civil

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

     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

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

  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

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

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