Cases: Multipliers

Multiplier/SLAPP/Substantiation Of Fees: $162,000 Fee Award To Two Defendants Affirmed On Appeal

Cases: Multipliers, Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

  1.25 Multiplier Allowed, Lack of Specific Challenges Did Not Lead to Major Reductions, and Prior SLAPP Awards Were Not Dispositive.      If you have followed our blog, you known there is a mandatory fee-shifting statute in favor of SLAPP defendant winners. In Lunada Biomedical v. Nunez, Case Nos. B243205/B246602 (2d Dist., Div. 5 Oct. […]

Allocation/Multiplier/Prevailing Party/Reasonableness Of Fees/Section 1717: $180,648 Contractual Fee Recovery Affirmed In Case Where Plaintiffs Recovered Total Contract/Tort Underlying Award Of $109,000

Cases: Allocation, Cases: Multipliers, Cases: Prevailing Party

  $425,000 Fee Request Plus 1.5 Multiplier Nixed on Appeal.      In Holquin v. Dish Network LLC, Case No. D059983 (4th Dist., Div. 1 Sept. 22, 2014) (published), plaintiffs won a combined economic/noneconomic verdict against DISH Network and others in a satellite T.V. dispute. However, the rub was an attorney’s fees clause in the Residential

In The News . . . . N.D. Cal. District Judge Grants Reduced Lodestar Plus 2.59 Multiplier To Class Counsel In Bank of America Automated Call Settlement

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

  $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

Appeal Sanctions/SLAPP: $18,456.58 Fee/Costs Award Affirmed To Defense Affirmed On Appeal

Cases: Appealability, Cases: Multipliers, Cases: SLAPP

  Appellate Court Found No Abuse of Discretion, Given Trial Court Reduced From Requested $39,104.58 Fees/Costs—However, 1.5 Multiplier Was Proper.      In Meaux v. Springfield, Case No. A139840 (1st Dist., Div. 5 July 16, 2014) (unpublished), defense prevailing on a SLAPP motion requested $39,104.58 in fees/costs (inclusive of a 2.0 multiplier, but not for “fees

Equity/Lodestar/Multiplier/Retainer Agreement: $7.8 Million Fee Recovery For Well Known L.A. Attorney’s Work In Divorce Cases Reversed

Cases: Equity, Cases: Lodestar, Cases: Multipliers, Cases: Retainer Agreements

  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

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.

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