Cases: Settlement

Settlement: Seventh Circuit Court Of Appeals Affirms $10,875 Fee Award To FDCPA/FCRA Prevailing Plaintiff Who Requested $187,410 In Fees But Won Only $1,000 In Damages

Cases: Settlement

Rejection Of FRCP 68 Offers And Unnecessary Running Up Of Fees Sustained The District Judge’s Conclusion Below.             This next case is a cautionary warning for all litigants and their attorneys—settlement is sometimes the only reasonable option when the defense makes every effort to do so.  Here are the beginning two sentences of the opinion […]

Fee Clause Interpretation, Settlement: No Abuse of Discretion And No Error By Trial Court In Finding The Parties’ Settlement Agreement Valid And In Awarding Attorney Fees Of $83,340.22 To Defendants For Enforcement Of Settlement Agreement

Cases: Fee Clause Interpretation, Cases: Settlement

Plaintiff Hit With Attorney Fees Provision In Valid Settlement Agreement After Unsuccessfully Attempting To Back Out         In Martello v. Buck, Case No. B285001 (2d Dist., Div. 1 March 1, 2019) (unpublished), Plaintiff Doctor sued Defendants Patient husband and his wife for defamation, assault, and intentional infliction of emotional distress after Defendants expressed dissatisfaction with

Section 998, Settlement: Vagaries In Acceptance By Offeree Cannot Be Adjudication Through Motion To Enforce A Settlement Under CCP § 664.6 And CCP § 998 Before Entering Judgment

Cases: Section 998, Cases: Settlement

Entry Of Judgment Based On 998 Offer Is A Ministerial Act That Cannot Involve Adjudication Of Dispute Over 998 Acceptance—Presumably An Independent Action Was The Remedy.             In Coleman v. Sagar, Case No. B283005 (2d Dist., Div. 5 Oct. 9, 2018) (unpublished), there was a brouhaha over whether defendant properly accepted a CCP § 998

Ethics, Settlement: Attorneys, Under Settlement Agreement Of Fee Dispute With Ex-Clients, Did Not Have To Reveal Potential Legal Malpractice Claims For Purposes Of Entering Into Valid Settlement Agreement Over Fees Dispute

Cases: Ethics, Cases: Settlement

Ex-Clients Were Not Entitled To Rescind Settlement Agreement For Purported Ethical Violations.             The First District, Division 1, in Property California SCJLW One Corp. v. Leamy, Case No. A152959 (1st Dist., Div. 1 Aug. 9, 2018) (published), had to confront whether ex-clients entering into a settlement agreement over a fee dispute with their former attorneys

Reasonableness Of Fees, Settlement: $47,604.50 Fee Award To Defendants For Enforcing Settlement Agreement Affirmed On Appeal

Cases: Reasonableness of Fees, Cases: Settlement

Nothing Demonstrated Agreement Was Protected By Mediation Privilege And Failure To Object To Particular Entries Waived Any Real Challenge To Reasonableness Of Claimed Fees.             Although there was some initial confusion on whether defendants wanted to enforce a settlement agreement with a “prevailing parties” fees clause, it looks like defendants took the plunge and then

Settlement, Special Fee Shifting Statute: Ten-Day Settlement Offer Under IDEA Not Specifying Whether School District Would Pay Disabled Student’s Pre-Offer Attorney’s Fees And Costs Justified Parent In Rejecting Offer

Cases: Settlement, Cases: Special Fee Shifting Statutes

Result Is That Matter Is Remanded So Post-Offer Reasonable Fees Can Be Awarded; Both Majority and Concurring Opinions Suggest School Districts Need To Make Their Offers Clear In Nature.             The Individuals with Disabilities Education Act (“IDEA”) is a boutique practice involving a federal statute under which parents and school districts can resolve disputes over

Settlement:  Howeth v. Coffelt Decision Now Published

Cases: Settlement

Decision Deals With Care In Drafting Settlement/Consent Judgment Language.             On December 2, 2017, we posted on Howeth v. Coffelt, a Fourth District, Division One unpublished decision showing how fee recovery must be obtained in a settlement/consent judgment arrangement where the remedies were narrow in nature.  We can now report that the case was certified

Settlement:  Post-Judgment Enforcement Request For Fines, Plus Attorney’s Fees, Not Allowable Under Settlement Agreement/Consent Judgment

Cases: Settlement

Case Illustrates Care In Drafting Remedies Available Under a Consent Judgment Via Settlement.             Howeth v. Coffelt, Case No. D072136 (4th Dist., Div. 1 Nov. 30, 2017) (unpublished) is a case reminding practitioners to pay particular attention to the remedies for a consent judgment ending a dispute reached through a settlement agreement.             Here, a

Consumer Statutes/Settlement:  Medina Decision Now Published

Cases: Consumer Statutes, Cases: Settlement

$128,004.50 Fee Award Sustained Under Consumer Fee-Shifting Statutes Where $8,600 Was The Settlement Amount.             On September 20, 2017, we posted, and co-contributor Marc on his California Mediation and Arbitration blog posted, on Medina v. South Coast Car Company, Inc., Case No. D069820 which was unpublished at the time.  In that case, the appellate court

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