Cases: Special Fee Shifting Statutes

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

Ninth Circuit Reminds Us of Federal Fee-Shifting Provision in Remanding Case on Appeal.             In Pannebecker v. Liberty Life Assur. Co. of Boston, Case No. 06-16654 (9th Cir. Sept. 18, 2008), the Ninth Circuit remanded an ERISA case after determining that the appellant did establish rights to benefits for a period of

Second District, Division Six Case Illustrates the Need to Have a Fee Entitlement Predicate for Recovery of an Attorney’s Fees Award.             Mobile home purchasers sued mobile home dealer and installer, with the jury awarding plaintiffs $36,275 each against the dealer (based on breach of contract) and the installer (for negligence).  The

Federal Court of Appeals Find That Some Junior Attorney Work Was Not Distinctive and That Plaintiffs Needed to Show Attorneys Were Not Available to Work at Lower Hourly Rates.             Under the Equal Access to Justice Act (28 U.S.C. § 2412), prevailing parties in cases brought by or against the United States

Dismissal Without Prejudice Does Not Mean A Winning Litigant “Prevails” for Purposes of the Fee Entitlement Statute.             Under the Individual with Disabilities Education Act (IDEA), a court may award reasonable attorney’s fees “to a prevailing party who is a State educational agency or local educational agency against the attorney of a