Cases: Special Fee Shifting Statutes

Noncontingent Obligation to Repay Fees or Contingent Obligation to Repay In Event of Recovery Justifies Fee Award Under Section 7430, the Ninth Circuit Rules.      The U.S. Tax Code, 26 U.S.C. section 7430(a), (c), permits a discretionary award of litigation costs, including attorney’s fees paid or incurred for attorney services, to the prevailing party in […]

Federal Court of Appeals Refuses to Follow Contrary Fourth, Fifth, and Sixth Circuit Decisions on the Issue.      For all you attorneys specializing in practice under the Longshore and Harbor Workers’ Compensation Act (LHWCA), the next one is for you.      LHWCA section 928 provides that under certain circumstances employers must pay a “reasonable attorney’s

You Betcha, Just Ask East Palo Alto—As the Next Post Shows.      Page Mill Properties, the largest residential landlord in East Palo Alto, has been doing battle in court with the city over the proper interpretation of certain rent exemption decisions made by the East Palo Alto Rent Stabilization Board under the local rent stabilization

Ninth Circuit Holds That Fees Are Still In Order, Although Circuit Judges Are Badly Splintered on the Issue.      The next issue—whether a prevailing party is entitled to attorney’s fees under a fee-shifting statute where the controversy has been mooted—may be destined for U.S. Supreme Court review. The opinions of the circuit judges in an

First District, Division 4 So Rules In Interpreting CCP section 527.6(i).      Krug v. Maschmeier, Case No. A121940 (1st Dist., Div. 4 Mar. 25, 2009) (certified for partial publication) determined that a prevailing defendant in a civil harassment action can recover attorney’s fees even if the action was not frivolous or not brought in bad