Cases: Reasonableness of Fees

Civil Rights/Reasonableness Of Fees: $109,977 Fee Award To Civil Rights Plaintiff Winning About $18,000 Affirmed On Appeal

Cases: Civil Rights, Cases: Reasonableness of Fees

  20% of Requested $549,885 Deemed Fair By Both Trial and Appellate Courts.      Although strict proportionality of fees is not the governing standard for awards to winning civil rights plaintiffs, the lack of success and inflated fee requests are important “checks” which can result in a greatly reduced fees award.      That is what […]

Probate/Reasonableness Of Fees: 38% Reduction In Requested Lodestar Fee Request For Attorneys In Short Conservatorship Was No Abuse Of Discretion

Cases: Probate, Cases: Reasonableness of Fees

  Record Supported Probate Court’s Reduction, With That Award Being 25% Higher Than Probate Examiner Recommendation.      Attorneys rendering services to a conservator can seek compensation from the court under Probate Code section 2640, with the ultimate fixing of the fee award residing in the discretion of the probate court.      In Conservatorship of Rawls,

Class Action/Paralegal Time/Sanctions: Court Of Appeal Affirms $176,900 Discovery Monetary Sanctions Against One Class Action Counsel, Sustains Awarding The Same Counsel No Fees Based On Tarnished Credibility

Cases: Class Actions, Cases: Paralegal Time, Cases: Reasonableness of Fees, Cases: Sanctions

  Also Sustains Awarding $176,900 To Same Counsel’s Staff For Work Effort, And Remands For Consideration Of Costs Request Appellate Court Finds that Paralegals Do Not Necessarily Have to Meet California B&P Educational/Certification Requirements in Order to Obtain Compensation.      This next case, Ellis v. Toshiba America Information System, Inc. (Sklar), Case Nos. B220286/B227078 (2d

Allocation/Lodestar/Reasonableness Of Fees: Former Employee Losing Wage/Hour Claims Hit With $150,519.36 Adverse Fee Award

Cases: Allocation, Cases: Lodestar, Cases: Reasonableness of Fees

  Hourly Rates by Defense Were Reasonable; No Apportionment Required.      Plaintiff, a former employee, sued defendant former employer for unpaid commissions, vacation time, and unreimbursed expenses, requesting an award of attorney’s fees upon prevailing under Labor Code sections 218.5 and 218.6 (wage/hour fee-shifting provisions). Plaintiff brought four causes of action, one of which was

Reasonableness Of Fees: 40% Vaguely Explained Reduction Did Not Pass Muster Before Ninth Circuit In Civil Rights Case

Cases: Civil Rights, Cases: Reasonableness of Fees

  Simply Saying Fees “Excessive” Was Not Enough.      In Barnard v. Theobald, Case No. 11-16625 (9th Cir. July 1, 2013) (for publication), the Ninth Circuit affirmed an excessive police force jury verdict against defendants. However, it vacated a district judge’s decision to reduce requested attorney’s fees under the federal civil rights statute (42 U.S.C.

Costs/Reasonableness Of Fees: Fee Award Of Less Than One-Third of Requested Lodestar Affirmed, But Routine Costs Denial Reversed Because Failure To Use Judicial Council Form Was Not Dispositive

Cases: Costs, Cases: Reasonableness of Fees

  Defense Has No Obligation to Produce Its Fees Expended Absent a Proper Discovery Request, Appellate Court Rules.      McElroy v. City of San Diego, Case No. D059562 (4th Dist., Div. 1 May 30, 2013) (unpublished) is a “meaty” decision on a lot of cross-over attorney’s fees issues. So let us begin.      The underlying

Prevailing Party/Section 1717/Substantiation Of Fees/Allocation/Reasonableness Of Fees: Tobacco I Case Now Certified For Publication

Cases: Allocation, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

"Alex," prize German police dog and pet of Miss Ailsa Mellon, daughter of Treas. smokes cigarettes n’everything. Alex’s father is the $12,000 prize police dog "Wolfe".  1924.  Library of Congress.       In our April 27, 2013 post, we explored Tobacco I, an April 23 unpublished decision out of the Fourth District, Division 1 dealing with

Prevailing Party/Section 1717/Substantiation Of Fees/Apportionment/Reasonableness Of Fees: People Of The State Of California Get $2.944 Million Fee Recovery In Tobacco Cases I Affirmed On Appeal

Cases: Allocation, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

     Cigarette ad, Times Square.  Feb. 1943.  John Vachon, photographer.  LOC.      Although this case has quite a storied history, In re Tobacco Cases I, Case Nos. D061077/D061676 (4th Dist., Div. 1 Apr. 26, 2013) (unpublished) looks like it may be finally finished, thanks to this decision.      What happened is this, in brief. People,

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