11th Circuit Upholds Denial of Attorney’s Fees Where Attorney Failed to Provide Pre-Litigation Notice of Claim Before Suing Other Attorneys Under FLSA. Hat Tip to Benjamin G. Shatz of Manatt, Phelps & Phillips, LLP, for bringing Sahyers v. Prugh, Holliday & Karatinos, L.P. (11th Cir. No. 08-10848, March 3, 2009) (published) to […]
First District, Division 4 Rebuffs Challenge to $18,750 Fee Award. The next case trumpets a familiar refrain that we have seen from many appellate decisions: a contention asking for denial or reduction of fees in any award needs to be supported by specific argumentation and specific evidence. Otherwise, the contention may well be found
Second District, Division Two Discusses Aggregation Appealability Rule and Litigant’s Discovery Obligations. The next case we discuss has an interesting discussion of the aggregation appealability rule (sanctions order must exceed $5,000) and a litigant’s discovery obligations (even an alter ego defendant must provide discovery information of which he is aware, even if the defendant
Part 2 of 2 – We Finish Off With The Last Five Cases And An “Honorable Mention” Oh, the suspense … and the ball has not yet dropped from above Times Square. You have to go to our prior post to see the first part of this list. Here is the rest of
First District, Division Two Finds Relevant Geographic Market for Hourly Rate Determination Not Limited to Case Venue and Resolves Split in Decisional Authority on Costs in Favor of Trial Court Discretion. As the Thanksgiving Holidays have drawn close, our state appellate courts have issued a plethora of interesting opinions in the attorney’s fees/costs arena.
Fourth District, Division One Rules That Lower Court May Have Not Used Proper Lodestar Determination Factors in Drastically Cutting Fee Request, Suggesting It Parts Company From Reasoning in The Second District’s EnPalm Decision. Notwithstanding the breadth of the abuse of discretion standard, the next case illustrates that appellate court will overturn fee awards
Transylvania Feral Court Slashes Attorney’s Fees Award Drastically For Spoor Work Product. Although we usually confine our posts to California-oriented cases, settlements, or fee issues, the following fee reduction ruling by a Philadelphia-based federal district judge was too good to pass up and also offers some sobering lessons to practitioners seeking fee awards when
Second District Affirms Lower Court Determinations in the “Wild One.” Who says that unpublished decisions lack drama and all of emotions that go with litigation, even in posttrial attorney’s fees proceedings. Not us, and the next case backs us up on this conclusion. Lu v. Grewal, Case No B201355 (2d Dist.,
Six-Plus Hours During Trial Not Deemed Unreasonable For Litigation Attorney’s Efforts. Client retained a trial litigation Attorney less than two months before a trial in which she claimed ownership to an Oakland condominium even though her relatives paid significant mortgage expenses and loan interest costs on the condominium. Attorney hit the
