Cases: Equity

Equity: Bona Fide Purchaser Rule Did Not Prevent Constructive Trust Being Granted To FTC When Attorney Did Not Properly Make Inquiry As To Source of Funds

Cases: Equity

However, Equitable Receipt of Fee Principle Used to Allow Reasonable Fee Before Freezing of Client’s Assets.      This next case is an important, sobering one for any civil practitioners defending clients charged with Federal Trade Commission (FTC) Act violations, counseling that there is a duty of inquiry with respect to attorneys’ acceptance of retainers so […]

Equity: Common Fund Debate . . . . Lodestar Or Percentage Of Recovery . . . . U.S. District Court Opts For Lodestar

Cases: Class Actions, Cases: Common Fund, Cases: Equity, Cases: Lodestar

USDJ Chooses Lodestar in Wage/Hour Class Action Fee Recovery Settlement.      Our friend and fellow blogger H. Scott Leviant has reported on Anderson v. Nextel Retail Stores in his June 30, 2010 post at The Complex Litigator website.      There, U.S. District Judge Stephen Wilson, in a common fund wage/hour class action settlement, chose the

Probate: Common Fund Recovery Comes To The Rescue!

Cases: Equity, Cases: Probate

  Adversarial Beneficiary Losing the Fight May Be Held Responsible for Winner’s Attorney’s Fees.      Family feuds can be bitter, as the next case demonstrates. They also can result in being saddled with attorney’s fees depending how the trial court rules, given that some equitable doctrines like the common fund doctrine are very broad and

Partition: Trial Court Did Not Err In Awarding $95,267.41 In Attorney’s Fees To Plaintiff In Partition Action, Where Incurred For A “Common Benefit”

Cases: Equity, Cases: Special Fee Shifting Statutes

Plaintiff Sought $415,458.75 In Fees, But Trial Court Reductions and Apportionments Lowered Actual Award to $95,267.41.      In partition actions, Code of Civil Procedure section 874.010(a) authorizes an award of costs to include reasonable attorney’s fees that have been “incurred or paid by a party for the common benefit.” When you get into this area

Class Action And Equity: Shareholder Obtaining Minor Changes To Proxy Statement Not Entitled To Substantial Benefit Fee Recovery In The Absence of Presuit Notification To Defending Public Company

Cases: Class Actions, Cases: Equity

  Fourth District, Division 3 Uses Equitable Maxims in Reaching Result.      Our favorite line in the decision we next review is this: “Since delay defeats equity, we will hold our applause.”        Above:  Cartoon showing blinded “Justice” trying to drag the “Letter of the Law” through obstacles of “delay, postponement, re-trial, and technicality”.   1912. 

Shareholders Denied Award Of Attorney’s Fees In Derivative Action Because Results Only Personally Benefited the Shareholders

Cases: Common Fund, Cases: Equity

Third District Find That Common Fund/Substantial Benefit Doctrines Were Inapplicable.             Under the equitable “common fund” or “substantial benefit” doctrines, a shareholder who successfully pursues a derivative action that establishes a common fund or a substantial benefit to the corporation may look to the corporation to reimburse the shareholder for the costs

Partnership Did Not Have To Pay For Attorney’s Fees In Unrelated Prior Litigation Where Only One Partner Recovered Fee Award Against A Defunct Losing Party

Cases: Equity

Second District Reverses Awarding Almost $100,000 To One Partner’s Attorney Where Action At Issue Did Not Involve a Fee Award Against Other Partners.             In a rather complicated set of facts, certain partners sued other partners in an oral partnership involving a property and business.  Plaintiffs won their oral partnership claims, with

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