Cases: Substantiation of Reasonableness of Fees

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

Substantiation Of Fees And Private Attorney General Statute: $1,007,067 Fee Award Gets Scaled Down To $669,525 On Appeal

Cases: Private Attorney General (CCP 1021.5), Cases: Substantiation of Reasonableness of Fees

  Lack of Supporting Proof For Certain Time Frame Dictates Fee Reduction.      Defendant won an unusual unreasonable restraint on alienation battle over a buffer zone, leading the trial court to award fees of $1,007,067 under California’s private attorney general statute (Code of Civil Procedure section 1021.5) in Greenlaw Grupe, Jr. Operating Co. v. Land

Substantiation Of Fees: Laffey Matrix Versus Adjusted Laffey Matrix . . . Or Hybrid Of A Matrix–Part 1 of 2

Cases: Laffey Matrix, Cases: Substantiation of Reasonableness of Fees

  Hourly Market Rate Analysis Frequently Involves Use Of the Laffey Matrix, Although Some Courts Do Not Like It.      When one is petitioning for fees or contesting a petition for fees, it is usually incumbent to utilize the lodestar approach by determining the prevailing hourly market attorney rates in the relevant community (most often,

Substantiation Of Fees Under Special Fee-Shifting Statute: Court Of Appeal Overturns Trial Court’s Reconsideration Of Fees Request Where No Supporting Evidence Presented In Initial Fee Request Papers

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

Third District Finds Reconsideration Was Erroneous and Finds No Basis for CCP § 473 Relief.      Here is a case that segues well with what we have advocated in many prior posts: when you prepare fee requests, make sure your papers provide the lower court with a roadmap, and a roadmap supported by competent evidence

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