Cases: Employment

Class Action, Employment: Eighth Circuit Court Of Appeals Reverses $1 Fee Award To Class Counsel Where Some Work Was Done Despite Failing to Segregate Compensatory/Fee Negotiations And Despite Billing Problems

Cases: Class Actions, Cases: Employment

Dissenting Circuit Judge Would Have Affirmed District Judge Fee Award.             Vines v. Welspun Pipes Inc., No. 20-2168 (8th Cir. Aug. 18, 2021) is an interesting case which shows how appellate circuit judges can have differing perspectives on approaching class action fee awards.             What happened in this one is that class action counsel on […]

Employment, In The News . . . . Attorney’s Fees Average More Than $405,000 Per Case And Average Settlement Is $1.2 Million In PAGA Cases

Cases: Employment, In The News

A Recent Study By CABIA So Concludes.             Under the Private Attorneys General Act (PAGA), prevailing plaintiffs can obtain attorney’s fees for success on certain employment and workplace claims.  As reported in an OpEd article “Help business recovery, end PAGA” written by Ken Monroe in the July 18, 2021 edition of The Orange County Register,

Employment, In The News . . . . Attorney’s Fees Average More Than $405,000 Per Case And Average Settlement Is $1.2 Million In PAGA Cases

Cases: Employment, In The News

A Recent Study By CABIA So Concludes.             Under the Private Attorneys General Act (PAGA), prevailing plaintiffs can obtain attorney’s fees for success on certain employment and workplace claims.  As reported in an OpEd article “Help business recovery, end PAGA” written by Ken Monroe in the July 18, 2021 edition of The Orange County Register,

Employment: Denial Of Multiplier In Single-Plaintiff FEHA Case, Simply Based On One Plaintiff Case, Was An Abuse Of Discretion

Cases: Employment

Remand Was Required.             In Guerrero v. Crown Energy Services, Inc., Case Nos. D076299/D077201 (4th Dist., Div. 1 July 7, 2021) (unpublished), a single FEHA plaintiff won a compensatory damage verdict of $207,855.60 and a punitive damage verdict of $900,000 against defendants.  Plaintiff moved for $553,835 in lodestar fees enhanced by a 2.0 positive multiplier,

Employment, Reasonableness Of Fees, Substantiation Of Reasonableness Of Fees: Third Circuit Court Of Appeals Affirms Denial Of Fees Where Wage/Hour Plaintiffs Had Limited Success And Fee Petition Was Not Properly Documented

Cases: Employment, Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

Plaintiffs Only Recovered $6,601 Out Of Requested $180,000 In Damages And Attorneys Sought $118,569 In Fees.             In Wang v. Chapei, LLC, Case No. 20-2975 (3d Cir. June 10, 2021) (nonprecendential), two wage/hour plaintiffs had their federal claim dismissed, were unsuccessful on class certification tries, and won about $6,601 out

Employment: Employee Winning Only $32.00 On Unpaid Wages/Penalties Was Entitled To A Remand To Seek Additional Attorney’s Fees And Routine Costs

Cases: Employment

Lower Court Awarded Just $3.20 In Fees Under CCP § 1031; Only Costs Solely Incurred On Losing FEHA Claims Had To Be Excluded So As To Require A Remand.             FEHA is a statute which has very liberal fee- and costs-shifting provisions, as interpreted by a very robust California jurisprudence under the governing statute.  Moreno

Employment, Section 1717: Defendant Winning Independent Contractor Determination Against Real Estate Agent Under Labor Commissioner And De Novo Superior Court Action Was Entitled To $72,519.03 In Fees

Cases: Employment, Cases: Section 1717

Fees Were Justified Based On Broad Contractual Fees Clause.             In Peng v. F.M. Tarbell Co., Case No. B307484 (2d Dist., Div. 2 May 27, 2021) (unpublished), a plaintiff—a licensed real estate agent—lost a fight on whether he was an employee, versus an independent contractor, both at a Labor Commissioner and a superior court de

Employment, SLAPP: Reversal Of Defendant’s Successful SLAPP Motion Necessitated Reversal Of Defendant’s $44,800 § 425.16(c)(1) Attorney Fees Award.

Cases: Employment, Cases: SLAPP

The Protected Activity Claimed By Defendant Supported Only An Element Of Plaintiff’s Causes Of Action, But Did Not Subject Those Causes Of Action To A Challenge Under Code Civ. Proc. § 425.16.             In Verceles v. Los Angeles Unified School Dist., Case No. B303182 (2d Dist., Div. 7 April 19, 2021) (unpublished), FEHA plaintiff

Employment: Appellate Court Refused To Award Appellate Fees To Three Prevailing Respondent Employees In Wage/Hour Overtime Case

Cases: Employment

Reason Was That Respondents Wanted 1.33 Positive Enhancement To The Lodestar Appellate Fee Request, Necessitating A Remand To The Trial Court To Determine Appellate Fees.             In Frattini v. First American Title Co. of Napa, Case No. A158995 (1st Dist., Div. 1 Mar. 30, 2021) (unpublished), three misclassified employees won a total of $414,743.80 against

Allocation, Employment, Reasonableness Of Fees: Employee’s Limited Success On Some Compensable Wage/Hour Claims Led To Affirmance Of $17,234 Fee Award

Cases: Allocation, Cases: Employment, Cases: Reasonableness of Fees

Employee Had Requested Fees Of $168,749.47 After Garnering Compensatory Award Of $6,958.36.             This case is another example of how non-compensable claim allocation and limited success can lead to a substantial reduction of a fee request even where there is some fee entitlement basis.             In Caballero v. Bill Muncey Industries, Inc., Case No. D076628

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