Cases: Special Fee Shifting Statutes

Special Fee Shifting Statute: ERISA Attorneys Unite–Ninth Circuit Addresses “Appropriate Equitable Relief” Language Under Section 502(a)(3)

Cases: Special Fee Shifting Statutes

  Attorneys Properly Dismissed From Controversy, But Matter Remanded to See If Employer/Fiduciary Had to Bear Proportionate Fees And Costs Incurred by Plaintiff Employee In Recovering Third Party Tortfeasor/Uninsured Motorist Proceeds.      Well, we do not usually have a lot of ERISA issues to report on. Not today, we do.      CGI Technologies and Solutions, […]

Special Fee Shifting Statutes–Federal: 2005 Federal Judicial Center Study Provides A Roadmap For Fee Entitlement

Cases: Special Fee Shifting Statutes

  Part I: Fee Entitlement.      In 2005, Alan Hirsch and Diane Sheehey issued the second edition of “Awarding Attorneys’ Fees and Managing Fee Litigation” through the Federal Judicial Center.      Here, we provide you will their analytical outline of determining whether a fee award is in order under federal fee shifting statutes:      *

Requests For Admissions/Section 1717/Specific Fee Shifting Statutes: Property Owner Obtaining Cancellation Of Grant Deed For Fraud Not Entitled to Attorney’s Fees Recovery

Cases: Requests for Admission, Cases: Section 1717, Cases: Special Fee Shifting Statutes

  Three Grounds for Recovery Did Not Support Request.      Property owner in Marchi-Friel v. Rago, Case No. A130125 (1st Dist., Div. 4 May 31, 2012) (unpublished) did obtain cancellation of a fraudulent grant deed, with the trial court also cancelling related promissory notes out of an abundance of caution. She then sought recovery of

Class Actions/Special Fee Shifting Statute/In The News . . . . $1,468,380 In Attorney’s Fees Awarded Against Losing 14 Named Class Members In California Automobile Sales Finance Act Case

Cases: Class Actions, Cases: Special Fee Shifting Statutes, In The News

       Here is an interesting one you do not see too often–named class members having to pay attorney’s fees to the winning defendant.      On May 9, 2012, MMD Newswire posted that Raceway Ford, Inc. was awarded $1,468,380 in attorney’s fees plus costs as against 14 named class members, jointly and severally, in an

Special Fee Shifting Statute: Denial Of Attorney’s Fees To City Was Legally Erroneous Under CCP § 1021.7

Cases: Special Fee Shifting Statutes

  Plaintiff’s Case Was Brought and Prosecuted Without Reasonable Cause, But Remanded So Discretion Could Be Exercised. Above: The Federal Theatre presents "I want a policeman" by Rufus King & Milton Lazarus. Fastest moving comedy of the season : First time in San Diego. Federal Arts Project.  1936-41.  Library of Congress.       Code of Civil

Indemnity: Public Employee Who Incurred Legal Fees/Costs During Course Of Law Enforcement Investigations Not Leading To Any Court Proceedings/Actions Not Entitled To Reimbursement Under Government Code Sections 995/996.4 Or Labor Code Section 2802

Cases: Employment, Cases: Indemnity, Cases: Special Fee Shifting Statutes

  Lack of Court or Judicial Proceedings Was Dispositive.      Ms. Thornton, near the end of her term as a Board member of the California Unemployment Insurance Appeals Board, was appointed as an ALJ for the Board, a hire that was subsequently investigated by the State Auditor and Sacramento District Attorney’s Office for potential Government

Special Fee Shifting Statute: Absent Interpleader Action, Public Entity Cannot Recover Attorney’s Fees Against Stop Notice Claimant

Cases: Special Fee Shifting Statutes

  $10,974 Fee Recovery to College District Reversed on Appeal.      Okay, real estate fans, we have an attorney’s fees decision in the stop notice area.      In Tri-State, Inc. v. Long Beach Community College Dist., Case No. B231848 (2d Dist., Div. 3 Mar. 12, 2012) (certified for publication), the appellate court decided that a

Reasonableness Of Fees/Special Fee Shifting Statute: Prevailing Parties Under California Voting Rights Act Are Entitled To Fees, But Only Against One Party And 95% Fee Reduction For Inflated Fees Was No Abuse Of Discretion

Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

  Only $162,500 In $1.7 Million Requested Fees Were Awarded–A Result Sustained On Appeal.      Rey v. Madera Unified School Dist., Case No. F061532 (5th Dist. Feb. 28, 2012) (certified for publication) is somewhat of a sobering decision, reminding all of us that inflated fee requests can and will be severely discounted by lower courts,

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