Ninth Circuit Finds No Fee Entitlement to Citizens Group Under Buckhannon. This next one is for you federal practitioners, determining a very narrow fee entitlement issue under the Equal Access to Justice Act, 28 U.S.C. sec. 2412(d)(1)(A) (EAJA). Do not snooze, anyone out there if this is outside your realm of interest, because we […]
Court of Appeal Enforces Faces the Conflict Between Civil Code Section 1717 and Government Code Section 25845(c). Civil Code section 1717 is straightforward in allowing for mutual recovery of attorney’s fees in California by a prevailing party where a contractual clause so authorizes such a recovery. However, sometimes this provision seemingly comes into conflict
Second District, Seven 7 So Holds Under Civil Code Section 1354(c), But Splinters Badly in the Process. We all know that fundamental access to the courts is more than just rhetoric; it is a bulwark of our whole legal system. This principle took “front and center” importance in the next case, where entitlement to
First District, Division 5 Interprets Civil Code Section 798.85 Fee-Shifting Provision. Civil Code section 798.85 is a special fee-shifting provision arising under the Mobilehome Residency Law (MRL, Civil Code section 798 et seq). It provides: “In any action arising out of the provisions of this chapter the prevailing party shall be entitled to
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
Ninth Circuit Reverses District Court’s Sanctions Order. In an American with Disabilities Act (ADA) case, a district judge dismissed a lawsuit based on plaintiff’s lack of standing and imposed monetary sanctions against plaintiff and his counsel for bringing a frivolous case. The Ninth Circuit reversed the standing determination, which also meant that the sanctions
Use of Multiplier Appropriate Even Where Substantial Punitive Damages Also Were Awarded. Bimbo Bakeries, known for selling such brands of Orowheat and Entemann’s, suffered an adverse jury verdict based on plaintiff’s complaint for wrongful termination, gender and pregnancy discrimination, and violation of related California statutes. The jury awarded plaintiff $340,700 in compensatory damages and
In a Split Opinion, Second District, Division 6 Rejects Plaintiff’s Requested $24,871.75 In Light of His Recovery of $4,000 Minimum Statutory Damages. In cases involving mandatory fee-shifting statutes (such as the Unruh Act, Civil Code section 52(a)), we have seen an emerging theme that encompasses a large number of attorney’s fees recoveries: the
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
