Cases: Preemption – Page 2 – Cal Attorneys Fees

California Disabled Persons Act: State Appellate Decision Finds That ADA Does Not Preempt, So Prevailing Defendant Entitled To Fee Award Without Showing Action Was Frivolous, Unreasonable, Or Groundless

February 6, 2010

First District, Division 4 Disagrees with Ninth Circuit’s Hubbard Decisions. In our July 3, 2008 and January 12, 2009 posts, we discussed the Ninth Circuit’s Hubbard decisions (Hubbard v. SoBreck, LLC, 531 F.2d 983 (9th Cir. 2008) and Hubbard v. SoBreck, LLC, 554 F.3d 742 (9th Cir. 2009)), which held that a mandatory award […]

FELA Preemption: Federal Law Preempts Cost-Shifting Of CCP 998 Offer In FELA Case

Cases: Costs, Cases: Preemption, Cases: Section 998

October 10, 2009

Third District Finds Miller Rule Also Applies to Prevailing 998 Defendant. In Miller v. Union Pacific Railroad Co., 147 Cal.App.4th 451 (2007), the Third District Court of Appeal decided that the availability of expert witness costs in a Federal Employers Liability Act (FELA) action involving an injured railroad employee filed in state court

Civil Code Section 1717: Ninth Circuit Holds Tenants Winning On Preemption Issue Entitled To Fees Because Issue Arose “On The Contract”

Cases: Allocation, Cases: Preemption, Cases: Section 1717

October 10, 2009

Federal Court of Appeals Sustains $180,029.50 Fee Award to Tenants. In Barrientos v. 1801-182 Morton LLC, Case No. 07-56697 (9th Cir. Oct. 9, 2009) (certified for publication), tenants won summary judgment and permanent injunctive relief with respect to illegal notices of eviction served by a landlord arguing that Los Angeles Rent Stabilization Ordinance

Special Fee Shifting Statute and Fee Clause Interpretation: Singapore Law Governs Non-Statutory Issues

Cases: Choice of Law, Cases: Fee Clause Interpretation, Cases: Preemption, Cases: Special Fee Shifting Statutes

September 22, 2009

Ninth Circuit Reverses Denial of Fees Award, Remanding for A New Look in COGSA, Bill of Lading Case. So what happens when you have a seemingly statutory choice-of-law clause (that means no attorney’s fees) and a contractual clause (that may mean attorney’s fees) in the same case? Well, if you are the litigant

Ninth Circuit Amends Hubbard Decision In Light Of Molski

Cases: Preemption, Cases: Special Fee Shifting Statutes

January 12, 2009

ADA/CDPA Preemption Decision Is Amended Based on Later State Court Decision, With No Change in Result. In our July 3, 2008 post, we discussed Hubbard v. SoBreck, LLC, Case No. 06-56870 (9th Cir. 2008), which held that an award of attorney’s fees to defendant under the California Disabled Persons Act was preempted by the

Ninth Circuit Raises Preemption Issue–Finding Fee-Shifting Federal Statute Preempts Award of Fees Under More Liberal Analog State Statute on Pendent Claim

Cases: Preemption

July 3, 2008

Award of Fees Under California Disabled Persons Act Preempted by Fee-Shifting Directives of Federal Americans with Disabilities Act. On June 30, 2008, Greg May, Presiding Member of The California Blog of Appeal, had a nice summary that he brought to our attention—and we HAT TIP him for that—of Hubbard v. SoBreck,