Cases: Special Fee Shifting Statutes

Federal Court of Appeals Summarizes Governing Standards In These Intellectual Property Areas.      The Ninth Circuit Court of Appeal has a nice discussion of the standards governing award of attorney’s fees to defendants in copyright infringement and Lanham Act cases. The discussion occurred in Halicki Films, LLC v. Sanderson Sales and Marketing, Case Nos. 06-55806 […]

Fifth District Determines Plaintiff Did Prevail Under Public Records Act in Establishing Denial of Access to All Local Agency Documents.      The case we next review is important to all practitioners (most likely public interest or land use attorneys) seeking to make sure there is transparency in the government decision making process or there is

First District, Division Four Faces Novel Issue, Overturning Fee Award Against Petitioners.      Now we look at an interesting decision for CEQA practitioners.      Under the California Environmental Quality Act (CEQA, Public Resources Code section 21000 et seq.), a petitioner must request a hearing within 90 days of filing the petition or be subject to

Second District, Division Six Sustains Award under Welfare and Institutions Code section 15657.5.             Welfare and Institutions Code section 15657.5(a) provides for an award of costs and reasonable attorney’s fees to the prevailing plaintiff where the defendant has been found liable for financial elder abuse under section 15610.30.            

Court of Appeal Also Determines that Settlement Ambiguity Allows Homeowners An Opportunity to Seek More Fees for Sustaining Result on Appeal.             A mobilehome park owner increased rent to homeowners in the mobilehome park to recoup the costs of capital expenditures.  Following an arbitration, settlement, and lawsuit alleging noncompliance with the arbitration