Cases: Substantiation of Reasonableness of Fees

Bankruptcy Efforts, Substantiation Of Reasonableness Of Fees: Debtor Is Entitled To Attorney’s Fees And Costs For Challenging A Willful Automatic Stay Order On Appeal

Cases: Bankruptcy Efforts, Cases: Substantiation of Reasonableness of Fees

Debtor Also Properly Allocated Fees To Work On Appeal, Such That A Procedural Basis For Denying Fees And Costs Was Infirm.             In In re Schwartz-Tallard, 803 F.3d 1095, 1101 (9th Cir. 2015) (en banc) [discussed in our April 17, 2014 post], the Ninth Circuit earlier held that 11 U.S.C. § 362(a) authorizes the court […]

Substantiation Of Reasonableness Of Fees: Counsel Declarations Sufficed To Justify $425,000 Fee Award In HOA’s Favor

Cases: Substantiation of Reasonableness of Fees

Losing Condo Owner’s Failure To Specify Excessive, Generic Time Entries Also Fatal.             The fee substantiation requirement in California state courts is much less than in federal courts. Federal courts favor submission of detailed timesheets, while attorney declarations and the trial judge’s perception of the work can indeed support fee recovery in California state courts.

Fees as Damages: Copenbarger Opinion Now Published—Deals With Attorney’s Fees As Damages And How To Properly Authenticate Them At Trial

Cases: Fees as Damages, Cases: Substantiation of Reasonableness of Fees

October 19, 2018 Unpublished Decision Now Published.             On October 20, 2018, we posted on the then unpublished decision in Copenbarger v. Morris Cerullo World Evangelism, Inc., which was authored by Justice Fybel of the 4/3 DCA. It dealt with whether breach of a settlement agreement fees were recoverable as damages versus costs (they were

Fees as Damages, Substantiation Of Reasonableness Of Fees: Using Client To Authenticate Attorney’s Fees Invoices Found To Be An Incompetent Showing, Requiring Reversal As A Matter Of Law

Cases: Fees as Damages, Cases: Substantiation of Reasonableness of Fees

Case Is A Stark Reminder On How To Competently Introduce Attorney’s Invoices In A Trial Where Fees Are Claimed As Damages.             Justice Fybel, a sitting justice on our local Santa Ana court (this year’s winner of the David G. Sills Award for Appellate Excellence Presentation by the Orange County Bar Association Appellate Law Section),

Civil Rights, Reasonableness Of Fees, Substantiation Of Fees: Third Circuit Court Of Appeals Denies Unreasonable Civil Rights Fee Petition And Affirms Sanctions Of $25,000 Against Attorney

Cases: Civil Rights, Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

Entire Fee Motion Denied For Misconduct And Inflated Fees, A Companion To Our Post On The Clemens Decision.             While co-contributor Mike was out on a short vacation, his legal assistant Shanna Strader was kind enough to post on Clemens v. New York Cent. Mut. Fire Ins. Co., No. 17-3150 (3d Cir. Sept. 12, 2018)

Insurance, Lodestar, Reasonableness of Fees, Special Fee-Shifting Statutes, Substantiation of Reasonableness of Fees: Third Circuit Upholds District Court’s Decision Denying Entire Almost $950K Fees And Costs Request To Successful Plaintiff

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

Amount Requested Under Bad Faith Statute Was “Outrageously Excessive” Allowing District Court To Deny The Request Altogether As Thoroughly Explained In Its “Well-Reasoned One-Hundred-Page Opinion”             Ouch! Talk about learning a lesson the hard way! In a precedential opinion for a case decided by Justices Greenaway, Jr., Restrepo, and Bibas, and authored by Justice Greenaway, Jr.,

Fee Substantiation, Lodestar: Detailed Fee Billings Not Required For Substantiation And Fee Recovery Does Not Need To Be Proportional To Damages Awarded Under Contractual Fee Recovery

Cases: Lodestar, Cases: Substantiation of Reasonableness of Fees

$625-675 Partner Hourly Rates And $395-475 Associate Hourly Rates Were Found Reasonable For Los Angeles Attorneys.              In SP Investment Fund I v. Grossman, Case No. B284289 (2d Dist., Div. 4 Aug. 29, 2018) (unpublished), prevailing plaintiff moved for attorney’s fees based on a contractual fees clause, winning the whole requested tamale (including additionally requested

SLAPP, Substantiation Of Reasonableness Of Fees: 2/7 DCA Affirms SLAPP Fee Award To Defense Of $23,760 In Fees Out Of A $56,638 Request

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

California Case Again Highlights Differences In Substantiation Required In State Versus Federal Cases.             La Grange v. Ward, Case No. B280997 (2d Dist., Div. 7 May 9, 2018) (unpublished) is an abuse of discretion case regarding the reasonableness of a trial court’s fee award, but it also highlights the differences in fee substantiation required by

Substantiation Of Reasonableness Of Fees:  Wyoming Supreme Court Finds Nothing Wrong With 15 Minute Billing Increments Or Inter-Office Conferences On Cases Under The Right Circumstances

Cases: Substantiation of Reasonableness of Fees

Although 15 Minute Billing Increments Are Not Per Se Offensive, Many Cases, Guidelines, And Commentary Suggest (Or, In Some Cases Require) 6 Minute Billing Increments.             We thank Keith Turner of Santa Monica, who argued and obtained a precedential HOA fee-shifting decision in his client homeowner’s favor, for bringing to our attention the next decision

Damages/Substantiation Of Reasonableness Of Fees:  Malicious Prosecution Plaintiff Compensatory Award Reversed And Remanded Due To Redacted Fee Substantiation

Cases: Substantiation of Reasonableness of Fees

Attorney-Client Privilege Redactions Impliedly Waived In Malicious Prosecution Case.             Jensen v. Charon Solutions, Inc., Case No. B276050 (2d Dist., Div. 2 Dec. 20, 2017) (unpublished) is a situation which demonstrates that redacted fee substantiation, even based on attorney-client privileged objections, may give way to due process rights where fees are recoverable as damages.  What

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