Cases: Special Fee Shifting Statutes

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Second District, Division 3 Address Many, Many Procedural Issues in Unpublished Opinion.      In Matusek v. Benn, Case No. B206776 (2d Dist., Div. 3 Oct. 29, 2009) (unpublished), two sets of defendants (the Murad and Benn defendants, each set composed of businesses and their principals) contracted to create an infomercial using an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

Hate Crime Statutes: Arbitration Expense and Fee Award Reversed And Remanded Because Armendariz Prohibition on Expenses Applies To Statutory Hate Crime Claims

Cases: Allocation, Cases: Arbitration, Cases: Consumer Statutes, Cases: POOF!, Cases: Special Fee Shifting Statutes

Second District, Division One, Does Remand For Proper Expense/Fee Determination and For Examination of Allocation Issues.      Armendariz v. Foundation Health Psychcare, 24 Cal.4th 83, 110-113 (2000) determined that arbitral expenses beyond what a plaintiff litigant would have borne in a court case cannot be imposed in cases involving statutory rights enacted for a public

Elder Abuse: Senate Bill 1140, Effective January 1, 2009, Strengthens Elder Abuse Protections And Has Fee-Shifting Impetus

Cases: Consumer Statutes, Cases: Special Fee Shifting Statutes, Legislation

Effect of New Law Explored in Steven Riess’ Article in August 2009 California Lawyer.      For those attorney readers practicing in the elder abuse area, there is an excellent article that is must reading in the August 2009 edition of California Lawyer. It is authored by Steven Riess and is entitled “Combating Financial Abuse of

Special Fee Shifting Statute: Stung by District Court’s Denial of Fees, Appellant Gets Some Relief from Ninth Circuit in Mosquito Spraying Case

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

  Ninth Circuit Explains Standards for Collecting Fees under Clean Water Act.      The next case involves alphabet soup:  GCMAD, NPDES, EPA, CWA, and the spraying of adulticides.  Translation:  Gem County Mosquito Abatement District, National Pollutant Discharge Elimination System, Environmental Protection Agency, Clean Water Act, and the spraying of pesticides used to kill adult mosquitoes.

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