Cases: Multipliers

Common Fund/Multipliers: Recent Vioxx Products Liability Decision Has “Must Reading” Discussion of Common Fund Theory

Cases: Common Fund, Cases: Lodestar, Cases: Multipliers

  Case Discusses It in Class Action and MDL Complex Litigation Contexts, Also Indicating Perdue Decision Did Not Apply to Using Lodestar as Check on Percentage of Recovery Fee Award.      For those practitioners dealing with cases where a common fund is created (from which fee awards are frequently sought), we came across a case […]

Lodestar/Private Attorney General Statute: Negative Multiplier Based On Perception Fee-Owing Government Agency Could Use Money To Fund Ongoing Operations Was No Reason To Reduce Lodestar

Cases: Lodestar, Cases: Multipliers, Cases: Private Attorney General (CCP 1021.5)

  Second District, Division 8 Believed Financial Factor Could Be Considered Based on Settlement Agreement, But Did Not Beiieve Ongoing Operational “Cut” Rationale Was Justified.      A redevelopment agency in Rogel v. Lynwood Redevelopment Agency, Case No. B219626 (2d Dist., Div. 8 May 2, 2011) (certified for publication) was exposed to up to $2.7 million

Class Action/Lodestar/Multiplier: First District, Division 1 Affirms $1,664,777.48 Fee Award, Using A 1.4 Multiplier, When Total Damages/Interest Award Was About $1.2 Milliion

Cases: Class Actions, Cases: Lodestar, Cases: Multipliers

  Requested 2.0 Multiplier Scaled Back to 1.4.      Just to show you how class action fee awards can often be larger than the damages awards in protracted, contentious cases, we now digest Alcoser v. Thomas, Case Nos. A124848 et al. (1st Dist., Div. 1 Feb. 16, 2011) (unpublished).      There, a tenant successfully won

Allocation/Reasonableness Of Fees/Special Fee Shifting Statutes/Lodestar/Multiplier/Costs/Standard Of Review: Lower Court Did Abuse Discretion In Awarding Certain Expenses As Fees, In Failing To Allocate, And In Applying A Multiplier

Cases: Costs, Cases: Lodestar, Cases: Multipliers, Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes, Cases: Standard of Review

Abuse of Discretion Standard Did Not Prevent Reversal When Record Showed Errors, According to Sixth District.      In an interesting contrast to the way the abuse of discretion standard was deferentially applied in our contemporaneous post in Murrell v. Rolling Hills Community Association, the Sixth District found that the trial court abused its discretion in

Civil Rights Multipliers: U.S. Supreme Court Narrows Use Of Enhancements In Federal Civil Rights Case

Cases: Civil Rights, Cases: Lodestar, Cases: Multipliers

Lodestar Should Capture the Usual Fee Recovery; Federal Judges Must Provide a Reasonably Specific Explanation for All Aspects of a Fee Determination. At least in the area of federal civil rights cases (although the opinion may have broader applicability), the U.S. Supreme Court has issued an important decision relating to fee enhancements in Perdue v.

Class Actions: Lodestar/Multiplier Determinations Remanded In Private Attorney General Statute Fee Award

Cases: Class Actions, Cases: Lodestar, Cases: Multipliers, Cases: Substantiation of Reasonableness of Fees

Court of Appeal Also Decides Prejudgment Interest Not Allowable on Fee Awards.      Okay, so who says we don’t try to give you readers a synopsis of decisions (even though some might be a little wordy)? The next decision—Woosley v. State of California, Case No. B209890 (2d Dist., Div. 5 Apr. 16, 2010) (unpublished)—involves some

FEHA: $445,000 Fee Recovery Out Of Requested $1.5 Million Fee Request Affirmed On Appeal

Cases: Civil Rights, Cases: Lodestar, Cases: Multipliers, Cases: Standard of Review

Plaintiff Does Not Convince Appellate Court to Award More, With Fourth District, Division Commenting on Some “Cutting Edge” Substantive Questions.      Although the next case could be viewed as just a simple abuse of discretion case, it actually discusses some interesting tensions between federal and state cases on the specificity of reasoning that must be

Lemon Law: $170,000 Attorney Fee Recovery Sustained In Song-Beverly Act Case Involving Mobilehome

Cases: Consumer Statutes, Cases: Lodestar, Cases: Multipliers, Cases: Substantiation of Reasonableness of Fees

Fourth District, Division 1 Sustains Lower Court Determination Based on Its Experience With Hourly Rates.      In Cauchon v. Forest River, Inc., Case Nos. D053864/D054433 (4th Dist., Div. 1 Apr. 9, 2010) (unpublished), mobilehome purchasers did well in a Song-Beverly Act Warranty Act suit with a mandatory fee-shifting statute in favor of prevailing plaintiffs. Purchasers

Lodestar/Multiplier: 5 Employees Winning $40,000 Settlement For Labor Code Violations Are Awarded $164,421.16 In Statutory Fees and Costs

Cases: Lodestar, Cases: Multipliers, Cases: Special Fee Shifting Statutes

  Trial Court’s Lodestar Calculation and Failure to Apportion Were Correct.      For those of you practicing employment law, you know by now that many of the Labor Code sections involving wage/hour and meal break violations carry mandatory fee-shifting statutes generally favoring the prevailing plaintiff. Usually, the battle is how much, what if, once liability

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