Yes, With the Answer Depending on Whether the Fee Entitlement Statute Is Discretionary/Mandatory in Nature or Whether the Intervenor Is “Innocent.” The Ninth Circuit recently explored the issue of when an intervenor may be held liable for an award of attorney’s fees and costs under two fee-shifting statutes, one arising under […]
No Express Findings Are Required When Denying a Fee Award to a Winning FEHA Defendant.
Federal Court of Appeals Overturns Two Fee Denial Orders in ADA Cases. The American with Disabilities Act of 1990 (ADA), 42 U.S.C. secs. 12101-12213, has a federal fee-shifting provision in section 12205, which allows a district court “in its discretion” to award the “prevailing party … a reasonable attorney’s fees.” In
Information Showing Less of an Income Disparity Properly Considering in Determining Amount of Fees Awardable to Mother For Prevailing in Prior Appeals. Under Family Code section 2030, the trial court has discretion to award attorney’s fees in family law actions to ensure that each party has access to legal representation. In
First District Affirms Substantial Fee Award and Compensatory Judgment Following Successful Bench Trial for Plaintiff. Government Code section 12965(b) authorizes an award of reasonable attorney’s fees and costs to the prevailing party in an action brought under the Fair Employment and Housing Act (FEHA). Normally, the prevailing plaintiff should be awarded
Trial Courts Possess Discretion to Raise or Lower 25% Fee Award Benchmark; Local Rules Determine Whether Awards Are Based on Gross or Net Settlement Proceeds. The nice aspect to blogging is receiving reader questions about fee award issues in different practice areas. Recently, we received one about award of fees in
Ninth Circuit Overturns Grant of Attorney’s Fees to Environmental Group under the Clean Water Act and Endangered Species Act. In Center for Biological Diversity v. Marina Point Development Co., Case No. 06-56193 (9th Cir. Aug. 6, 2008), the Ninth Circuit Court of Appeals entertained a developer’s appeal from an adverse judgment
Second District Rejects Borrower’s Argument That Contractual Fees Incurred by Lender Are Excluded from Deficiency Calculation. In this time of subprime lending fallout and rising foreclosures, judicial foreclosures are making a comeback, as they typically do when market values plunge. Lenders on commercial and investment residential projects frequently opt to pursue
Third District Affirms Fees/Costs Award Under Code of Civil Procedure section 1038. In our July 28, 2008 post on Clark v. Optical Coating Laboratories, Inc., we discussed a recent First District decision reversing an award of defense costs to the government under Code of Civil Procedure section 1038. We now discuss
Code of Civil Procedure section 482.110 Authorizes Adding Costs and Attorney’s Fees to the Attachable Principal Amount. For practitioners who have prosecuted or defended collection/contract actions, you have most certainly run into the California pretrial writ of attachment remedy. The pretrial attachment statutory scheme is a potent remedy to allow a
