In The News

In The News . . . . N.D. Cal. District Judge Grants Reduced Lodestar Plus 2.59 Multiplier To Class Counsel In Bank of America Automated Call Settlement

Cases: Class Actions, Cases: Lodestar, Cases: Multipliers, In The News

  $8 Million Percentage of Recovery Request Nixed; Reductions Made for Inefficient Work Efforts and High Settlement/Mediation Work Requests.      In Rose v. Bank of America Corp., Case Nos. 5:11-CV-02390 & 5:12-CV-04009-EJD (N.D. Cal. Aug. 29, 2014) (Doc. No. 180), U.S. District Judge Edward J. Davila gave final approval to a settlement of a class […]

In The News . . . . Federal Circuit Affirms $253,777 Fee Recovery Under Patent Fee-Shifting Statute Where Plaintiff Failed To Introduce Admissible Evidence Of Infringement

Cases: Special Fee Shifting Statutes, In The News

  Highmark/Octane Recent Decisions Did Not Require Remand.      In our “In the News” post of September 8, 2014, we explored a recent Federal Circuit decision—Highmark, Inc. v. Allcare Health Mgt. System, Inc.–remanding a fee recovery for reconsideration after SCOTUS’ 2014 Highmark/Octane decisions.      However, Homeland Housewares, LLC v. Hastie2Market, LLC, No. 2013-1537 (Fed. Cir.

News . . . . E.D. Pa. Federal Judge Denies Fee Recovery To Consulting Attorney Not Obtaining Pro Hac Vice Admission And Federal Circuit Remands Patent Fee Award For Another Look In Light of Highmark/Octane.

In The News

Consulting Attorney Providing Most of the Work Needed Pro Hac Vice Admission For Purposes of Obtaining Fees Under Federal Fee-Shifting Statute.      U.S. District Judge Eduardo Robreno, in Gsell v. Rubin and Yates, Case No. 13-05723 (E.D. Pa. Sept. 4, 2014), denied attorney’s fees to a “consulting” attorney doing most of the work in an

In The News . . . . Mass. Appellate Court Says In-House Counsel Can Be Compensated Under Fee-Shifting Statute And Eighth Circuit Examines Fee Recovery Issues In Genetically-Modified Rice Farmer MDL Case

In The News

       We thank our friends at NALFA for bringing two cases of interest, although outside of California, to our attention. Massachusetts Compensated Plaintiff’s In-House Counsel in Unfair Business Practices Case.      In Holland v. Jachmann, 85 Mass.App.Ct. 292, 2014 WL 1887534 (May 14, 2014), a Massachusetts appellate court decided that a corporate plaintiff’s in-house

In The News . . . . Attorney Reprimanded For Billing Client For Discovery Sanctions Re: Attorney Conduct And Another Attorney Told He Has To Wear Socks In Court

In The News

  Iowa Reprimands Illinois Attorney on Discovery Sanctions Pass-Through Attempt.      Based on a recent ABA Journal on-line post, an Illinois attorney has been reprimanded in Iowa for billing a client for discovery sanctions imposed for the attorney’s own conduct. Gotta Wear Socks In Blackford County, Indiana.      The ABA Journal end-of-the-week posts also indicate

In The News . . . . Catalyst Theory Will Support Fee Recovery For ERISA Plaintiffs Having Some Degree Of Success In Case

In The News

  Despite Losing Summary Judgment, Defendant Did Voluntarily Change Behavior From Plaintiffs’ Suit.      The Third Circuit Court of Appeals, in a non-precedential (unpublished) opinion, has decided that an ERISA plaintiff can recovery fees, at the district court’s discretion, under a catalyst theory. In Boyle v. International Brotherhood of Teamsters Local 863 Welfare Fund, No.

In The News . . . . Irvine City Council Candidate Unsuccessfully Tries To “SLAPP” Defamation Suit By Former Property Management Company For Quail Hill

In The News

  $3,000 In Fee Awarded to Prevailing Plaintiff; HOA’s Insurance Is Paying Candidate’s Legal Bills.      As reported in an August 17, 2014 article in The Orange County Register, the Quail Hill HOA is in quite a struggle with the Barracudas, one of 20 teams in the Irvine Swim League using the neighborhood swimming pool

In The News . . . . N.D. California District Judge Awards About One-Third Of Fee/Costs Request In Abaxis Derivative Action

In The News

  Hourly Rates Lowered, Excessive Time Discounted, and Multiplier Reduced.      In St. Louis Police Retirement Systems v. Severson, Case No. 4:12-cv-05086-YGR (N.D. Cal. Aug. 11, 2014) (Doc. No. 127), U.S. District Judge Yvonne Gonzalez Rogers confronted Plaintiffs’ request for recoupment of attorney’s fees and costs following a settlement in a derivative action against Abaxis,

News . . . . Judge Fallon Discusses Common Benefit Fees In MDL Cases, Judge Breyer Awards Fee/Costs Against Losing Labor Code Plaintiff, And Cisco Uses Alternative Billing Arrangements With Outside Counsel For A Decade

In The News

  MDL Common Benefit Fee Article.     U.S. District Judge Eldon E. Fallon (E.D. La.) has written an article, “Common Benefit Fees in Multidistrict Litigation,” published at 74 La. Law Rev. 371-389 (Winter 2014). In it, this jurist talks about the approaches adopted by MDL transferee courts in establishing procedures to compensate members of plaintiff

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