Cases: Costs

Civil Rights: EEOC Stung With $4,560,285.11 Fee/Costs Award In Title VII Section Suit Found To Be Groundless By Iowa U.S. District Judge

Cases: Civil Rights, Cases: Costs, Cases: Lodestar, Cases: Special Fee Shifting Statutes

Court Discusses Substantive Fee Shifting Statute, Lodestar Factors, and Non-Cost Expense Reimbursement Issues in Recent Decision.       EEOC v. Boot, Case No. 07-CV-95-LLR (N.D. Iowa Feb. 9, 2010 Order), is an unusual decision where a United States district judge awarded $4,560,285.11 in fees and costs (broken down as $4,004,371.65 in fees, $463,071.25 in “non-cost” […]

Costs: Defendant Did Not Have To Apportion Costs Among Other Co-Defendants Where Costs Were Determined At Case’s Conclusion

Cases: Costs

Second District, Division 3 Distinguishes Other Costs Apportionment Decisions.      In Fennessy v. DeLeuw-Cather Corp., 218 Cal.App.3d 1192 (1990), the appellate court held that when a prevailing party incurs costs jointly with other parties who remain in the litigation and seeks recovery of costs during the pendency of the litigation, that party may recover only

Costs Deadline, Fee Substantiation and Allocation: Fees/Costs Awarded In Anti-Speculation Liquidated Damages Clause Dispute Affirmed In Favor Of Developer

Cases: Allocation, Cases: Costs, Cases: Deadlines, Cases: Substantiation of Reasonableness of Fees

Liquidated Damages Clause Found Valid; Fees/Costs Award Sustained Also.      This next decision should be of substantive interest to both developers and our readers interested in fee issues.      Although unpublished, Beck Properties, Inc. v. Hameed, Case No. C058279 (Dec. 11, 2009) decided that an anti-speculation clause in a purchase agreement between a developer and

Probate: Probate Courts Can Award Fees Against Losing Beneficiaries’ Future Trust Distributions When Their Actions Found To Be In Bad Faith

Cases: Costs, Cases: Probate, Cases: Reasonableness of Fees

Fifth District, in Published Decision, Supports Broad Equitable Powers of Probate Courts.      Probate contests are often donnybrooks between different beneficiaries or relatives. This next one was certainly that. However, the losing minority beneficiaries caused the trustee to expend lots of attorney’s fees, which were recouped when the probate court ruled they could be obtained

Routine Costs: “Lack Of Unity Of Interest” With Co-Defendants Meant That Prevailing Defendant Gained An Award Of Routine Costs

Cases: Costs

Second District, Division 4 Affirms Costs Award in Favor of Prevailing Party.      In Marina Glencoe, L.P. v. Neue Sentimental Film A.G., Case No. B203163 (2d Dist., Div. 4 Dec. 2, 2009) (unpublished), prevailing party defendant in a dismissed contractual breach action obtained a routine costs award of $14,697.58, which was appealed by the losing

Appellate Routine Costs: Paralegal Fees Not Awardable As Routine Costs On Appeal

Cases: Costs

Fourth District, Division 1 So Rules in Unpublished Decision.      In Jameson v. Desta, Case No. D053089 (4th Dist., Div. 1 Nov. 23, 2009) (certified for partial publication, but pertinent part for this post unpublished), the Fourth District, Division 1 held that paralegal fees are not recoverable as “costs on appeal” under California Rules of

Arbitration: Trial Court Has Authority To Award Limited Arbitration Fees And Costs

Cases: Arbitration, Cases: Costs

Lower Court Erred In Awarding $5,218.60 in Filing Fees, Motion Fees, and Registered Process Server Charges.      In Meyers v. Fitzgerald, Case No. H032605 (6th Dist. Nov. 19, 2009) (unpublished), plaintiffs filed a complaint that was ordered to arbitration. The complaint was later dismissed without prejudice based on certain voluntarily actions taken by defendants. However,

Routine Cost: Out-Of-State Counsel’s Deposition Travel Expenses Are Awardable

Cases: Costs

  Second District, Division 7 Agrees with Sister Court that Costs Are Awardable if Reasonably Necessary to the Conduct of the Litigation Based on Analogous Out-of-County Counsel Cases.      In Jessen v. Mentor Corp., Case No. B210059 (2d Dist., Div. 7 Nov. 17, 2009) (unpublished), the Second District, Division 7 agreed with the Fourth District,

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