Cases: Costs

Costs: Ninth Circuit Clarifies Cost-Shifting Under 28 U.S.C. § 1919 Where Suit Is Dismissed For Lack Of Jurisdiction

Cases: Costs

  Equitable, Case-By-Case Approach Prevails, With Substantial Costs Award Going Bye-Bye.      Here is how this opinion began: “Given the complexities of litigation and the escalating magnitude of attorneys’ fees, it is no surprise that appellate review of attorney’s fees and costs has focused overwhelmingly on fees. [Parenthetical–yep, reason for this blog.] Nonetheless, costs also […]

Costs/Undertaking: A Little Shy of $180,000 In Appeals Bond Premium Costs Properly Assessed Against Winning Defendant On Appeal

Cases: Costs, Cases: Substantiation of Reasonableness of Fees

  Even Though Defendant Did Not Win Total Reversal of Damage Award, Total Costs of Appeals Bond Premium Were Properly Awarded To Defendant For the Appellate Win.      Here is an object lesson for all appellate attorneys in a case: carefully assess whether you want an appeals bond. If you lose in a partially big

Costs/Section 998: Second District, Division 1 Issues Important Opinion On Reimbursement of PowerPoint Argument Presentations And CCP § 998 Cost-Shifting Where Plaintiff Presents Successive 998 Offers

Cases: Costs, Cases: Section 998

  PowerPoint Argument Presentations No Go; Videotaped Depositions A Go Under the Right Facts; And “Bright Line” Rule Offered On Cost Reimbursement Where Plaintiff Makes Successive 998 Offers.      As you can probably tell from our topical headlines above, the Second District, Division 1 issued an important routine costs/CCP § 998 cost-shifting opinion in Martinez

Arbitration/Costs/Section 998: Where Arbitration Submission Agreement Is Broad, Seek Winning 998 Enhancements From Arbitrator, Not Just The Court

Cases: Arbitration, Cases: Costs, Cases: Section 998

  Denial of 998 Cost Enhancements Was Not Improper.      Maaso v Signer, Case No. B228314 (2d Dist., Div. 2 Feb. 7, 2012) (certified for publication) is one of those lessons for all of us practitioners who arbitrate to take to heart–make sure you check the arbitration submission agreement for breadth of issues, meaning that

Costs/Fees As Damages: Nonspecific Expert Witness/Other Costs In Contractual Fee/Costs Provision Had To Be Pled And Then Proven Before Posttrial Stages

Cases: Costs, Cases: Fees as Damages

  First District, Division 1 May Have Intimated Disagreement With Thrifty Payless in Recent Unpublished Decision.      Way back in our June 23, 2010 post on Thrifty Payless, Inc. v. Mariners Mile Gateway, LLC, 185 Cal.App.4th 1050 (2010), we knew that this case would engender some further judicial feedback. It basically held that expert witness

Costs/Section 998: Fourth District, Division 3 Tackles Some Pragmatic Costs-Shifting Issues Arising From Successful 998 Offer

Cases: Costs, Cases: Section 998

  Main Holding is that Winning Defendant Can Recoup Expert Fees Paid In Deposing Plaintiff’s Expert.      Acting Presiding Justice Bedsworth, on behalf of a 3-0 panel of the Fourth District, Division 3, authored a colorful opinion in the routine costs/section 998 area in Chaaban v. Wet Seal, Inc., Case No. G044718 (4th Dist., Div.

Costs/Substantiation Of Fees/Trespass: Fifth District Decision, With Its Reversal Requiring New Fee Reconsideration On Remand, Offers Some Clues . . .

Cases: Costs, Cases: Substantiation of Reasonableness of Fees, Cases: Trespass

  . . . On Adequate Fee Substantiation, Cost Recovery Under Civil Code Section 3334(a), And Deadlines For Submitting Amended Fee Request Information      This next case is a wild thing, a second appeal involving litigants entangled in a subsurface trespass case where plaintiff was seeking to recover for defendant’s environmental contamination of its groundwater.

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