Cases: Special Fee Shifting Statutes

Res Judicata: Trial Court Awarding Fees To Director Under Corporate Indemnification Statute Reversed On Res Judicata Grounds

Cases: Indemnity, Cases: Special Fee Shifting Statutes

Prior Adjudication Precluded the Subsequent Award.      In South Bay Rod and Gun Club v. Dashiell, Case No. D053658 (4th Dist., Div. 1 Dec. 4, 2009) (unpublished), director/real estate broker won a lawsuit against non-profit Club over a real estate option transaction. Winning director then sought fees in connection with his slander of title claim […]

Civil Rights: ADA Total Fee Recovery Denial Reversed Where Trial Court Incorrectly Concluded That Plaintiff’s Fee-Driven Recovery Required Altogether Fee Denial

Cases: Civil Rights, Cases: Special Fee Shifting Statutes

Fourth District, Division 3 Reverses and Remands, But Does Allow Consideration of How Fee-Driven Motivation Impacts Reasonableness of Fee Request.      In the civil rights area, the American Disabilities Act (ADA) does have a mandatory fee-shifting provision in favor of prevailing plaintiffs, although it has the important caveat that only reasonable fees should be awarded.

Special Fee Shifting Statute: Plaintiff Hit With Attorney’s Fees Under The State Public Safety Officers Procedural Act

Cases: Special Fee Shifting Statutes

Inoperability of CCP Section 128.6 Does Not Impact Defendants’ Ability to Award Fee Recovery Under POBR’s Fee-Shifting Provision.      California’s Public Safety Officers Procedural Bill of Rights (POBR) (Gov. Code sec. 3300 et seq.), which has certain safeguards for police persons, does provide for an award of attorney’s fees against a party who brings a

Costs And Fees: Defendants “Unified In Interest” Liable For Routine Costs And Are Denied Substantial Attorney’s Fees Because Allocation Was Proper

Cases: Allocation, Cases: Costs, Cases: Indemnity, Cases: Section 1717, Cases: Special Fee Shifting Statutes

Second District, Division 3 Address Many, Many Procedural Issues in Unpublished Opinion.      In Matusek v. Benn, Case No. B206776 (2d Dist., Div. 3 Oct. 29, 2009) (unpublished), two sets of defendants (the Murad and Benn defendants, each set composed of businesses and their principals) contracted to create an infomercial using an appearance by plaintiff

EAJA Federal Circuit Court Split: U.S. Supreme Court To Hear Case On Whether Social Security Disability Fee Awards Are Payable To Client Or Client’s Attorney

Cases: Consumer Statutes, Cases: Special Fee Shifting Statutes

High Court To Resolve Split Among Federal Courts of Appeals.      In our September 12, 2009 post on Stephens v. Astrue, 565 F.3d 131 (4th Cir. 2009), the case involved a split among the federal circuit courts on whether Social Security disability fee awards go to the claimants or their attorneys. This is not an

Special Fee Shifting Statute and Fee Clause Interpretation: Singapore Law Governs Non-Statutory Issues

Cases: Choice of Law, Cases: Fee Clause Interpretation, Cases: Preemption, Cases: Special Fee Shifting Statutes

  Ninth Circuit Reverses Denial of Fees Award, Remanding for A New Look in COGSA, Bill of Lading Case.      So what happens when you have a seemingly statutory choice-of-law clause (that means no attorney’s fees) and a contractual clause (that may mean attorney’s fees) in the same case? Well, if you are the litigant

Special Fee Shifting Statute: Split Among Federal Circuit Courts On Whether EAJA Fee Awards Are Payable To Claimant Rather Than Attorney, Allowing Offsets By Government Entities

Cases: Consumer Statutes, Cases: Special Fee Shifting Statutes

Fourth Circuit Concludes Fees Are Payable to Claimant.      Here is an interesting issue that has drawn a split among federal courts of appeals: whether attorney’s fees payable under the Equal Access to Justice Act, 28 U.S.C. section 2812 (EAJA), in Social Security Act benefit cases go to the claimant or the attorney. The importance

COPYRIGHT: Ninth Circuit Affirms $338,493.97 In Attorney’s Fees Awarded To Copyright Plaintiff Obtaining But $34,875.97 In Compensatory Damages

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

Dissenting Circuit Judge Intimates No Fees Were Deserved Based on Scathing Comments of District Judge.      Just to show you how attorney’s fees make the world go round and affirm our Mission Statement that they are often a controversial (and determinative) factor in commercial litigation, we have decided to do a quick synopsis of an

California Public Records Act: Court Of Appeal Affirms Denial Of Fees To CPRA Petitioner

Cases: Special Fee Shifting Statutes

Causation Issue Is Decided Under Substantial Evidence Review Standard.      The next case involves a dispute under the California Public Records Act (CPRA), which does allow recovery of fees by a “prevailing” plaintiff. (Gov’t Code, § 6259(d).) The next case, where a CPRA petitioner was denied fees, demonstrates two things: (1) how government entities should

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