Cases: Substantiation of Reasonableness of Fees

Special Fee Shifting Statute/Substantiation of Fees: $71,500 Attorney’s Fees Award Sustained Against Many Procedural Challenges

Cases: SLAPP, Cases: Special Fee Shifting Statutes, Cases: Substantiation of Reasonableness of Fees

  SLAPP Appeal Did Not Stay Fee Motion and Block Billing Challenge Rejected.      In Mangine v. Steier, Case Nos. B219022/B222822 (2d Dist., Div. 7 Aug. 9, 2011) (unpublished), plaintiff was SLAPPed and lost a summary adjudication of a landlord-tenant dispute in which the lower court granted attorney’s fees of $71,500 to present landlord under […]

Billing Records Substantiation: State Bar Arbitration Advisory 03-01 Offers Tips On "Detecting Attorney Bill Padding"

Cases: Substantiation of Reasonableness of Fees

  Gives Tips On What to Look For.      Although it dates back to January 29, 2003, the State Bar of California has an Arbitration Advisory aptly entitled "Detecting Attorney Bill Padding."      To identify bill padding, the Advisory suggested arbitrators focus on three things when determining a reasonable fee:      1. Evaluate the team/staffing

Substantiation Of Fee Requests: Plaintiff’s Counsel Shows Us How To Do It In A Case Where They Were Awarded 100% Of Requested Discretionary Fees And Expenses

Cases: Substantiation of Reasonableness of Fees

  Defense Did Not Oppose, But Plaintiffs Documented Things Well.      Plaintiff’s counsel in Situation Management Systems, Inc. v. Lamoco Consulting, LLC, Civil Action No. 06-11557-RGS (D. Mass. June 6, 2011 Order) requested $718,015.53 in attorney’s fees and expenses for their winning client in a copyright infringement action where the governing statute allows fees to

Substantiation Of Reasonableness Of Fees: Second Circuit Court of Appeals Rules That Contemporaneous Time Records Need To Be Presented For Fee Recovery In All But Rarest Of Cases

Cases: Substantiation of Reasonableness of Fees, Rates

Federal Decision Highlights Differences Between Federal Versus California State Approaches; Second Circuit Does Allow Attorney an Equitable “Fallback” Approach.      At the California state law level, although it is a good idea to keep them, contemporaneous time records are not required substantiation in fee proceedings. (Chavez v. Netflix, Inc., 162 Cal.App.4th 43, 64 (2008).) Beyond

In The News/Substantiation of Fees . . . . D.C. Federal District Judge Wants To Review Defense Billings For Purposes Of Gauging Reasonableness Of Plaintiffs’ Counsel’s Fee Requests In Handgun Ban Case

Cases: Substantiation of Reasonableness of Fees, In The News

  Plaintiff’s Attorneys Urged Using Updated Laffey Matrix on Hourly Rate Determination.      Plaintiffs in Heller v. District of Columbia, Case No. 03-CV-1213-EGS (D.D.C.) have requested an award of attorney’s fees totaling $3.13 million in the handgun ban case   brought on behalf of Dick Heller and a group of D.C. residents. The request is

Probate/Substantiation Of Fees: Fee Denial Based On Failure To Allow Further Submissions Of Detailed Fee Substantiation Deemed An Abuse of Discretion

Cases: Probate, Cases: Substantiation of Reasonableness of Fees

$101,178.62 in Attorney Work Must Be Reconsidered For Beneficial Result.      In the past, we have discussed many cases which hold that billing records must be presented to the court (as well as the trustee) when an attorney is seeking reimbursement for probate court litigation work. This stems from the trial court’s “special responsibility” to

Homeowners Association/Standard Of Review/Allocation/Substantiation of Fees: Substantial Cross-Fee Awards Affirmed Across The Board In Acrimonious Tree View Dispute

Cases: Allocation, Cases: Homeowner Associations, Cases: Standard of Review, Cases: Substantiation of Reasonableness of Fees

Second District, Division 1 Finds No Abuse of Discretion in Various Fee Awards.      It is amazing how ocean views, privacy, and trees all seem to be in the mix of many neighbor/homeowner association disputes. The next one is no exception, producing substantial cross-fee awards under Civil Code section 1354 that probably only made the

Probate/Substantiation of Fees: $693,876.02 Extraordinary Fee Award To Estate Administrator’s Attorney Affirmed On Appeal

Cases: Probate, Cases: Substantiation of Reasonableness of Fees

No Res Judicata Impact From Prior Fee Denial; Daily Substantiation Requirements Do Not Govern Probate Fee Awards.      This post will definitely interest probate practitioners. Aside from the fact that it involves a fairly substantial “extraordinary fee” award, it also demonstrates that the appellate courts will be demanding on application of res judicata principles and

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