Reduction In Requested Hourly Rate and Denial of Multiplier Were No Abuses of Discretion. In Shank v. CRST Van Expedited, Inc., Case No. G049844 (4th Dist., Div. 3 Jan. 14, 2015) (unpublished), Plaintiff won a sexual harassment jury verdict against an employer and employer’s trainer, to the tune of $391,000 in compensatory damages […]
Fee Award in TD Bank Wage/Hour Class Action. In Keller v. TD Bank, N.A., Civ. Action No. 12-5045 (E.D.Pa. Nov. 4, 2014 Order), U.S. District Judge L. Felipe Restrepo awarded class action counsel exactly what they wanted–$1.2 million in fees out of a $6 million settlement fund in the settlement of a wage/hour
Although Different Judge than “Merits” Judge Heard Fee Motion, Appellate Court Questions Whether More Scrutiny Is Required, But Affirms Even Under A More Rigorous Standard. Coalition for Adequate Review v. City and County of San Francisco, Case Nos. A135660/A138856 (1st Dist., Div. 2 Nov. 19, 2014) (unpublished) is an interesting case primarily involving
$8 Million Percentage of Recovery Request Nixed; Reductions Made for Inefficient Work Efforts and High Settlement/Mediation Work Requests. In Rose v. Bank of America Corp., Case Nos. 5:11-CV-02390 & 5:12-CV-04009-EJD (N.D. Cal. Aug. 29, 2014) (Doc. No. 180), U.S. District Judge Edward J. Davila gave final approval to a settlement of a class
However, Lodestar Had to Be Re-fixed on a Couple of Issues. Plaintiff SONG, a non-profit, prevailed in an earlier appeal of a challenge to the environmental review of a project to amend Lancaster’s general plan to change the zoning designation so that a developer could construct a shopping center on a vacant lot
No Written Retainer Agreement, With Quantum Meruit Jury Verdict Overturned And Reduced To $1.8 Million Plus Some Other Deductions. This is a doozy of a case involving well known Los Angeles attorney Hillel Chodos, who happened to not have had a written hourly or contingency retainer agreement with an ex-client, a wife involved
Dissenting Judge Concerned About Claim Response Rates and Clear Sailing/Reverter Clauses. Laguna v. Singh, Case No. 12-55479 (9th Cir. June 3, 2014) (published) was a case which shows the divergent views of federal jurists on class action settlements where the common fund value is not of a fully liquidated nature. The majority
Reviewed in Our May 6, 2014 Post. In our May 6, 2014 post, we reviewed Syers Properties v. Rankin, Case No. A137610 (1st Dist., Div. 2 May 5, 2014 issued unpublished), which held among other things that: (1) detailed categorical breakout of time spent can substantiate a fee petition in California state courts;
$603,150 Out of Requested $1,512,794.50 Was the Award, With Defense Counsel Getting Paid $1,070,000 by Safeway. Although unpublished, the Second District, Division 4 has done an outstanding job of analyzing a reasonableness of fee award where both sides (prevailing employee and defending former employers) appealed, with employee arguing the fee award was too
Remanded To Decide If Multiplier Appropriate Upon Reversal of State Claim Giving Rise To Positive Enhancement. The Ninth Circuit in Chaudhry v. Interfaith Communities United For Justice and Peace, Case No. 11-55820 (9th Cir. May 19, 2014) (published) is an interesting decision involving federal civil rights/attendant state law (CA Civil Code section 52.1)
