However, Trial and Appellate Rulings Offer Some Good Pointers On Agency Case Costs, Attempted Service Of Process On Two Addresses, Sheriff Travel Costs To Sign Depositions, And Ways To Have Deponents Sign Depositions Without Traveling To Court Reporter Office. We hope over the years that some of our posts have offered practice pointers, which
Appellate Court Found Incremental Award Process Appropriate Under The Circumstances. In EHM Productions, Inc. v. Starline Tours of Hollywood, Inc., Case No. B281594 (2d Dist., Divl 2 Mar. 28, 2018) (published), respondent in an arbitration obtained an arbitration award requiring appellant to defend respondent in a lawsuit brought by appellant’s bus drivers, which
Many Cross-Over Fees And Costs Issues Considered By Appellate Court In This One. In Davidson v. Southwick, Case No. E066978 (4th Dist., Div. 2 Mar. 26, 2018) (unpublished), plaintiff client successfully won a malpractice action based on various torts but lost a contract claim against certain attorney parties, winning a compensatory jury verdict of
$150,449.49 Was Costs Award To The Successful Defendant. Litigators at both the federal and state levels are fully aware of the expense which has been added to litigation based on having to produce electronically documents/information in cases (also known as “ESI”). The next opinion demonstrates that ESI expenses can be recouped by a successful
Dispute Involved Pharrell Williams’ “Blurred Lines” And Marvin Gaye’s “Got To Give It Up.” The Ninth Circuit in Williams v. Gaye, Case Nos. 15-56880 et al. (9th Cir. Mar. 21, 2018) (published) faced having to resolve an appeal of the case by which Pharrell Williams’ 2013 song “Blurred Lines” was found to have infringed
Prior Settlement Agreement Between Parties Did Not Preclude Later Costs Award. In L.A. County MTA v. Parsons-Dillingham Metro Rail, Case No. B265863 (2d Dist., Div. 7 Feb. 26, 2018) (unpublished), Parsons was the prevailing party under a false claims count in a qui tam action. Earlier, Parsons and MTA had reached a settlement agreement
Procedural Requirements Did Guide This Result. In Fichter v. Byrd, Case No. B270418 (2d Dist., Div. 4 Feb. 27, 2018) (unpublished), the appellate court, as a matter of law, decided to strike a $729.11 costs award to prevailing plaintiffs through a clerk’s entry on plaintiffs’ judgment. The reason? Costs were awarded before the time
Second Circuit Court Of Appeals Decides Issue In Civil Rights Context. In Hines v. City of Albany, 862 F.3d 215 (2d Cir. 2017), the Second Circuit decided that appellate attorney’s fees for a successful civil rights plaintiff were not recoverable under Federal Rule of Appellate Procedure 39 as costs, even where an underlying fee-shifting
No Exceptions Applied, Including DeSaulles Exception. Although occurring in a somewhat convoluted procedural context, Brewer v. Balda Investments USA, Case No. G054349 (4th Dist., Div. 3 Jan. 30, 2018) (unpublished) reminds us that routine costs awards are governed by structural statutes which may be automatic when dismissals are involved, with the exceptions being few
Financial Disparity Is One Of The Big Factors Weighed. So you represented defendants which/who successfully obtained summary judgment in a plaintiffs’ wage/hour class action case. You move for recovery of routine costs under Federal Rule of Civil Procedure and 28 U.S.C. § 1920. Question is: Will you get them? Maybe not. The reason
