Cases: Special Fee Shifting Statutes

Mike And Marc’s Top Twenty Decisions For 2009

Cases: Consumer Statutes, Cases: Liens for Attorney Fees, Cases: Retainer Agreements, Cases: Section 1717, Cases: Section 998, Cases: Special Fee Shifting Statutes

Part 2 of 2: Second Ten Grouping—Nos. 1-10.      We already gave you our top 11-20 decisions previously this month.      As noted in an earlier post, we have accumulated our “top 20” attorney’s fees decisions, recognizing that we limit the list to published decisions and that the order reflects nothing about the importance of […]

Marc And Mike’s Top Twenty Decisions For 2009

Cases: Bankruptcy Efforts, Cases: Consumer Statutes, Cases: Family Law, Cases: Private Attorney General (CCP 1021.5), Cases: Probate, Cases: Sanctions, Cases: SLAPP, Cases: Social Security, Cases: Special Fee Shifting Statutes

Part 1 of 2: First Ten Grouping—Nos. 11-20.      As noted in an earlier post, we have accumulated our “top 20” attorney’s fees decisions, recognizing that we limit the list to published decisions and that the order reflects nothing about the importance of the decision. Rather, we try to survey decisions of interest in different

EAJA: Ninth Circuit Reverses Fee Award Because Various Federal Court Actions Were Not Equivalent To Judicially Sanctioned Relief

Cases: Consumer Statutes, Cases: Special Fee Shifting Statutes

Temporary Stay, Magistrate Tentative Summary Judgment Ruling, and Dismissal Based on Ripeness/Mootness Did Not Justify Fee Award.      The prevailing party in a dispute governed by the Equal Access to Justice Act (EAJA), 28 U.S.C. sec. 2412, is entitled to an award of attorney’s fees if the party achieved “a material alteration in the legal

Public Construction Prompt Payment Statutes: Winning Contractor, Surety, And Bonding Company Entitled To $150,000 In Fees After Prevailing Against Losing Subcontractor

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

Third District’s Affirmance of Prompt Payment Statute Result Ices Correctness of Fee Award.      In one of our past posts (see January 16, 2009 discussion of the unpublished decision of Li v. Wu), we briefly discussed one of the construction prompt payment statutes. The Legislature has enacted several “prompt payment” statutes designed to make sure

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

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