Blasted Legal Fees Unite Civil Rights Attorneys Across the Political Spectrum in Shotgun Marriage After Judge Drops the Hammer on Fee Request in 2nd Amendment Litigation. Mike Scarcella reports in The National Law Journal (April 4, 2011, online edition) that Alan Gura, the high-caliber lawyer behind the Supreme Court’s gun-rights precedent “may lose by
Order Granting the People $707,882.50 in Attorney Fees and Costs of $32,673 Goes Up in Smoke, But Not to Worry, Parties Will Get to Light Up Again in Trial Court In this appeal, R.J. Reynolds Tobacco Company challenged an order awarding attorney fees to the People for enforcing a Consent Decree banning participating tobacco
L.A. County Gets Nada Monetary Relief After Credits, And Is Stung By Affirmance of 998 Offers by Insurers Costing It $5.9 Million. The next one is the apparent conclusion of what our local Santa Ana appellate court analogized as being “easily the 14 Years War of civil litigation in Orange County” between Los
Published Part of Decision Holds That Order Taxing Costs Allowable After An Appeal Awards Costs Is Itself an Appealable Order. Krikorian Premier Theatres, LLC v. Westminster Central, LLC, Case Nos. E047523/E049537 (4th Dist., Div. 2 Mar. 24, 2011) (certified for partial publication) is a wild decision in that a prior appellate reversal completely
Plaintiff’s Voluntary Dismissal Without Effect; Offset for Prior Settlements Meant No Change in Result Due to Her Prior 998 Offer. A trifecta of issues was considered by the appellate court in Goldstein v. Williams, Case No. D057826 (Mar. 24, 2011) (unpublished). In this one, plaintiff sued for breach of contract and in
. . . However, Remand For Fee Recovery Evaluation on Dismissed Tort Claim. For you folks entertaining voluntarily dismissals of actions, must reading in this area–if you are bothered about attorney’s fees exposure–is our state supreme court’s decision in Santisas v. Goodin, 17 Cal.4th 599, 602, 607-608 (1998) [one of our Leading Cases]. We
Defendant Not Entitled to Fees Where Contractually-Based Complaint Voluntarily Dismissed And Not Entitled to Costs Under Discretionary Prevailing Party Provision. Homeowner association (HOA)/homeowner disputes have resulted in us doing a fair amount of posts under our category “Homeowner Associations.” Here is one more to add to the list, with a homeowner seeking $64,572.84
Fifth District So Decides, But Lays Down No Absolute Rule On Subject Matter Jurisdiction Issue. Brown v. Desert Christian Center, Case No. F060139 (5th Dist. Mar. 17, 2011) (certified for publication) involved a personal injury that was dismissed on the jurisdictional defense that the involved injuries were within the exclusive province of the worker’s
Increased Attention in the Legal Community; Co-Contributor Marc Quoted in California Lawyer; Co-Contributor Mike To Speak At July 8 Century City Panel. In our August 3 and 6, 2010 posts, we discussed contract litigation insurance (CLI), a product being offered by Sonoma Risk Insurance Agency. We described the coverage in depth in those
Trial Court Found Prevailing Party Based On Costs Recovery Standard, One That Diverges From the Apt One for Fee Award. The next decision illustrates an important distinction often times glossed over or mistakenly ignored with respect to a determination of the prevailing party. The distinction is this: there is a difference between prevailing party
