Defense Lost Two 128.7 Prior Sanctions Requests, But Got It On The Third Try, Doing Some Nice Things As Far As Amount Requested. Dzhanikyan v. Liberty Mutual Ins. Co., Case No. B261113 (2d Dist., Div. 8 June 15, 2016) (unpublished) is a nice illustration of how good defense thinking and tenacity can produce […]
Laughing Matter? – Fee Award Remanded For Further Factual Determinations Regarding Frivolousness. In CRST Van Expedited, Inc. v. EEOC, No. 14-1375 (U.S. Supreme Court May 19, 2016), SCOTUS was reviewing a fee award in favor of a defendant and against the EEOC in an amount of over $4 million after a district judge
Plaintiff Winning Meal Periods Claim Not Entitled To Fees, But Entitled To Routine Costs. In the last few months, there have been several cases interpreting the public policy exception to arbitral finality. Ling v. P.F. Chang’s China Bistro, Inc., Case No. H039367 (6th Dist. Mar. 25, 2016) (published) is another one on this
Failure To Mention PAGA Fee Entitlement, Much Less Segregate Fees, Resulted In Overturn. This next post is an ouch! In Makabi v. Gedalia, Case No. B261005 (2d Dist., Div. 1 Mar. 2, 2016) (unpublished), plaintiff employees sued two defendant employers for a host of Labor Code wage/hour violations and four plaintiffs sued
State Court Is Different Than Federal On This Issue, Such That Retroactivity Prevailed Here. USS-POSCO Industries v. Case, Case Nos. A140457/A142145 (1st Dist., Div. 1 Jan. 26, 2016) (published) decided that the fee-shifting statute in effect at the time of the fee motion, which was different than the one at the time the
Plaintiff Requested $212,287.50 (Inclusive Of A 1.5 Multiplier), But Lower Court’s Award Of A Reasonable Lodestar Was No Abuse of Discretion. Plaintiff employee eventually obtained recovery of $43,654.50 in an unpaid commission dispute even though he at one point was willing to accept $75,000 to settle which included a $30,000 component to reimburse
Meyer v. Brown, Case No. D066226 (4th Dist., Div. 1 Oct. 14, 2015) (Unpublished)—Family Law. In this one, after an evidentiary hearing in which the court dismissed a domestic violence restraining order (DVRO), the prevailing party recovered $7,500 out of a requested $15,800 in fees. The fee-assessed, losing party appealed, but to no
Bill To Governor Jerry Brown, Attempting To Curtain Mandatory Employment Arbitration/Class Waiver Situations, Has Fee Shifting. AB465 has drawn a lot of press. It is a California bill designed to end mandatory workplace arbitration; it has passed the Legislature and awaits Governor Jerry Brown’s decision. If he vetoes by October 11, 2015, it
Case Dealt With Fee Recovery Under Labor Code Section 98.2. On July 30, 2015, we posted on Royal Practice Funding Corp. v. Arneson, Case No. G050158 (4th Dist., Div. 3 July 28, 2015), which decided that an ex-employer’s withdrawal of a superior court petition respecting an ex-employee’s Labor Commissioner wage claim award did
Fee Recovery Properly Denied, With Lower Court Correctly Construing Jury Special Verdict. In Letizia v. Wentworth, Paoli & Purdy, LLP, Case No. G050132 (4th Dist. Div. 3 Aug. 17, 2015) (unpublished), cross-complainant obtained a jury verdict in her favor, with the jury making these specific findings: (1) cross-complainant was terminated by cross-defendant as
