Cases: Multipliers

Lodestar/Multiplier/Reasonableness Of Fees: Second District, Division 4 Unpublished Decision Has Outstanding Discussion Of Lodestar/Multiplier Factors, Limited Success, And Opposing Counsel Fees In Sustaining Lower Court Fee Award In Overtime Employee Cas

Cases: Lodestar, Cases: Multipliers, Cases: Reasonableness of Fees

  $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      Although unpublished, the Second District, Division 4 has done an outstanding job of analyzing a reasonableness of fee award where both sides (prevailing employee and defending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 […]

Civil Rights/Lodestar/Multiplier/Substantiation Of Reasonableness Of Fees: 88% Court Ordered Reduction In Civil Rights Fee Request Reversed

Cases: Civil Rights, Cases: Lodestar, Cases: Multipliers, Cases: Substantiation of Reasonableness of Fees

  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)

In The News . . . Two Federal Court Of Appeals Decisions Use Different Methods To Fix Attorney’s Fees In Class Actions

Cases: Class Actions, Cases: Lodestar, Cases: Multipliers, In The News

  Third Circuit Sustains Using Percentage of Recovery Method, “Cross Checked” By Lodestar Analysis, In Setting Class Action Counsel Fees.      In Dewey v. Volkswagen of America Inc., Case Nos. 13-1123/1124 (3d Cir. Feb. 12, 2014) (not published/not precedential), the Third Circuit Court of Appeals sustained a $9,207,248 attorney’s fees award to class action counsel

Civil Rights/Multiplier: Plaintiffs’ Attorneys In Fairfield Wrongful Citizens Right Arrest Garner $308,221.80 Fee Award Despite Limited Success In Civil Rights Case

Cases: Civil Rights, Cases: Multipliers

  E.D. Cal. Federal Magistrate Judge Applied 40% Downward Adjustment Based on Limited Success.      Hall v City of Fairfield, Case No. 2:10-cv-0508 DAD (E.D. Cal. Doc. No. 227 Mar. 31, 2014 [order granting attorney’s fees]) is a tutorial on principles governing award of attorney’s fees in the civil rights area under 42 U.S.C. §

Lodestar/Multiplier/Settlement/Reasonableness Of Fees: Plaintiff Recovering $2.25 Million Dependent Abuse Verdict Also Recoups Additional $333,727.56 In Fees And $31,016.22 In Costs

Cases: Lodestar, Cases: Multipliers, Cases: Reasonableness of Fees, Cases: Settlement

  Much Less Awarded Than Requested $1.042-1.390 Million in Fees; Plaintiff Stipulated to Costs Reduction, With Modified Judgment Entered Accordingly.      This case is an interesting illustration of how lower courts will reduce an inflated fee request to calculate a lodestar as well as enforce a “high/low” stipulation that was silent with regard to fees/costs.

Class Actions/In The News: New York District Judge Approves $544.8 Million Fee Award In Visa/MasterCard Antitrust Merchant Class Action

Cases: Class Actions, Cases: Lodestar, Cases: Multipliers, In The News

  Court Utilizes “Sliding Scale” Percentage of Fund Approach, Checked by Lodestar With Multiplier. The Price?  Priceless.      After approving a settlement producing a $5.7 billion settlement fund in a class action case brought by merchants against Visa, MasterCard, and several banks relating to certain interchange rates, U.S. District Judge John Gleeson then had to

Civil Rights/Multiplier: $680,520 Fee Award Under FEHA Affirmed On Appeal Even Though Winning Civil Rights Plaintiff Only Won $150,000 In Damages

Cases: Civil Rights, Cases: Multipliers

  No Statement of Decision Required, and Not Requested—No Fee Award Error.      This one has quite a lot of permutations for everyone to consider. On the merits, in a first impression case, the appellate held that a defective special verdict is reviewed under a harmless error analysis. However, it also has some nice themes

Civil Rights/Multiplier: FEHA Plaintiff Winning $470,000 Compensatory Damages Properly Awarded Prevailing Party Fees Of $431,884.25

Cases: Civil Rights, Cases: Multipliers

  1.33 Multiplier Was Justified.      Plaintiff in Pena v. Central Freight Lines, Case Nos. A134753/A138014 (1st Dist., Div. 3 Oct. 4, 2013) (unpublished) won $470,000 in economic/noneconomic damages after a bench trial, with the lower court subsequently awarding $431,884.25 in fees under the FEHA fee-shifting statute–including a 1.33 multiplier, despite plaintiff requesting fees of

Class Actions/Costs/Multiplier/Reasonableness Of Fees: Plaintiffs Winning Vacation Pay Labor Code Class Action Also Garner Costs Of $145,341.93 And Attorney’s Fees Of $5,722,008

Cases: Class Actions, Cases: Costs, Cases: Multipliers, Cases: Reasonableness of Fees

  2.0 Multiplier Enhancement Was Justified.      In Molina v. Lexmark International, Inc., Case Nos. B227746 et al. (2d Dist., Div. 2 Sept. 19, 2013) (unpublished), an employer suffered a $7,777,620 adverse amended judgment in a class action involving employer’s vacation policy violations of Labor Code section 227.3. The lower court also awarded plaintiffs $145,341.93

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