Cases: POOF!

Eminent Domain/POOF: Once Precondemnation Damages Reversed, Substantial Attorney’s Fees/Litigation Expense Award Goes Permanently POOF!

Cases: Eminent Domain, Cases: POOF!

       California’s Department of Transportation in People ex rel. Dept. of Transportation v. McNamara, Case No. H036228 (6th Dist. Aug. 14, 2013) (published) was hit with a $1.6 million damages award, inclusive of $400,000 for precondemnation damages. Depending on the spread between the condemnee’s final settlement demand and DOT’s final offer as well as

Intellectual Property (Copyright)/POOF!: $201,012.50 Fee Award Against Plaintiff Goes Away When Appellate Court Concludes Case Was Close And Plaintiff’s Suit Was Not Objectively Unreasonable

Cases: Intellectual Property, Cases: POOF!

  Simply Losing Fair Use Defense Did Not Means Fees Were Automatic.      Seltzer v. Green Day, Inc., Case No. 11-56573 (9th Cir. Aug. 7, 2013) (for publication) is a case where defendants’ win based on a fair use defense in a copyright infringement case was affirmed. However, the district court also awarded the defense

Allocation/POOF!/Special Fee Shifting Statutes: $952,142.50 Fee Award Evaporates Upon Reversal of Merits

Cases: Allocation, Cases: POOF!, Cases: Special Fee Shifting Statutes

       The Second District, Division 4 in Nevarrez v. San Marino Skilled Nursing and Wellness Centre, Case No. B235372 (2d Dist., Div. 4 June 5, 2013) (published) reversed an Elder Abuse Act substantial jury verdict, even though the plaintiff also prevailed on a Patient’s Bill of Rights claim, with both schemes having a fee

Homeowner Associations/POOF!: Fee Recovery To Defense Went POOF! When Appellate Court Determined No Common Interest Development Involved

Cases: Homeowner Associations, Cases: POOF!

       In many respects, Tract 19051 Homeowners Assn. v. Kemp, Case No. B235015 (2d Dist., Div. 4 May 15, 2013) (unpublished) was not a difficult decision once the liminal legal issue was decided. Because no common interest development was involved, a defense award of fees had to be overturned under Civil Code section 1354.

Civil Rights/Costs/POOF!: $567,220.57 FEHA Award And $84,864.47 Costs Award Go POOF! When FEHA Counts Found Jurisdictionally Barred

Cases: Civil Rights, Cases: Costs, Cases: POOF!

  Matter Remanded to Demand Costs Under Routine Costs Statutes, Rather than Broader FEHA Costs-Shifting Provision.      FEHA does have a broad fee-shifting/costs-shifting statute, even covering expert witness fees and generally tilted in favor of winning plaintiffs. Plaintiff won two FEHA counts through a special jury verdict, but defendant moved for a JNOV on the

Civil Rights/POOF!: Preemption Of State Law Is Not A “Right” That Can Enforced For Purposes of Civil Rights Fee-Shifting Statute

Cases: Civil Rights, Cases: POOF!

  $86,914.24 Fee/Costs Recovery Garnered By Risk Retention Group Goes POOF!      Although the federal civil rights statute (15 U.S.C. § 1988) has a broad fee-shifting statute, it does not aid a winning plaintiff if preemption of a state law is not a “right” free from state law for purposes of the civil rights fee

Employment: Reversal Of Fortune–Employees Winning $346,947 In Attorney’s Fees Under Catalyst Unpaid Wages Case Found To Have Not Prevailed, Meaning Employers Get To Fix Fees Against Previously Winning Employees

Cases: Employment, Cases: POOF!

  Employers Sought Over $2.2 Million in Costs And Fees, Previously Denied But Get a Second Chance Against Losing Employees.      Zalewa v. Tempo Research Corp., Case No. B238142 (2d Dist., Div. 2 Mar. 1, 2013) (unpublished) is a wild “reversal of fortune” case on appeal.      This was a remand from a previous appeal

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