Appellants Failed To Follow Trial Court Options, Or Ask For Sealing Of Financial Records Under Applicable California Rules Of Court. After a prior appeal in which the reviewing court remanded a sanctions/fee award to consider what causes of action it related to and also consider the financial circumstances of appellants as far as the […]
Various Lodestar Challenges Are Rejected In Unpublished Portion of Opinion. In RSB Vineyards, LLC v. Orsi, Case Nos. A143781/A145029 (1st Dist., Div. 3 Sept. 29, 2017) (partially published; fee discussion not published), the trial and appellate courts confronted a plaintiff misrepresentation action relating to its purchase of a residence with a vineyard/wine tasting building
District Judge Confronts Multiple Issues In Reaching Fee Award. U.S. District Judge Susan Ilston in Ridgeway v. Wal-Mart Stores, Inc., Case No. 08-cv-05221-SI (N.D. Cal. Sept. 14, 2017 Doc. #606) confronted numerous issues in deciding the appropriate award to class counsel in a truck driver employee class action case against Wal-Mart for wage hour
Lodestar Method Should Have Been Used Instead. North Star. Photo: Udo Kugel. 2001. Wikipedia. Public domain. Chieftan Royalty Co. v. Enervest Energy Institutional Fund XIII-A, No. 16-6022 (10th Cir. July 3, 2017) (published) was a class action based on diversity jurisdiction where a district judge awarded class counsel fees and a class representative an incentive
Three Federal Judges Opted To Use Lodestar Method In Recent Cases. National Association of Legal Fee Analysis (NALFA) recently summarized a recent Reuters article suggesting that some federal judges in the Northern District of California have opted to use the lodestar approach to awarding fees, versus the percentage of recovery method, in mega-class actions with
Re-Do Was The Result In This One. In Seltzer v. R.W. Selby & Company, Inc., Case No. B270168 (2d Dist., Div. 2 May 3, 2017) (unpublished), a trial judge in a class action case awarded $29,409 in attorney’s fees to class counsel under the private attorney general statute based on the
Re-Do Was The Result In This One. Above: Lockheed Model 18 Lodestar. Source: www.airwaysmuseum.com In Seltzer v. R.W. Selby & Company, Inc., Case No. B270168 (2d Dist., Div. 2 May 3, 2017) (unpublished), a trial judge in a class action case awarded $29,409 in attorney’s fees to class counsel under
Also, Costs Improperly Excluded From Fee Calculus As Permitted Under § 1983. The Third District in Clapp v. Terry, Case No. C076562 (3d Dist. Nov. 23, 2016) (unpublished) is an important primer on the proper methodology to be used when awarding lodestar fees, fees on fees, and costs in civil right cases to
Majority Found Appeal Notice Encompassed Fee Award, But Dissent Did Not Agree And Found Plaintiffs Did Not Provide Hourly Rate Evidence In The Right Time Period And For FOIA Cases. Hiken v. Department of Defense, No. 13-17073 (9th Cir. Sept. 6, 2016) (published) is a situation where magistrates, district judges, and the Ninth
Fee Award of $59,334.60 Out Of Requested $308,425 Was Too Drastic Based On Using Improper Fee Reduction Methodology. Haircut. Marion Post Wolcott, photographer. Sept. 1938. Library of Congress. In the last few months, we posted on some fees cases—most notably Kerkeles (see our December 20, 2015 post)—where appellate courts have reversed decisions
