Does It Have An Attorney’s Fees Clause?—Not An Express One, But It Does Have A Catchall Which Will Be The Subject Of Judicial Interpretation. On January 1, 2020, the California Consumer Privacy Act of 2018 (CCPA) becomes law. It is a wide-ranging law that impacts more than 500,000 U.S. companies doing business with California […]
Amendments Were In Response To The Result Being Sought By Public Entity In The Brazil Case In The Bay Area. Before the legislative amendments which we will soon discuss, a public entity District in Newark Unified School Dist. v. Brazil, Alameda County Superior Court Case No. RG14738281 sought to recover prevailing party fees from
Bill Was Inspired By Position Taken By Government In Newark Unified School District v. Snyde/Brazil. The California Public Records Act (CPFA) has a fees/costs shifting provision in Government Code section 6259(d) which provides that the court shall award court costs and reasonable fees to the “plaintiff” should the plaintiff prevail in CPRA litigation and
Exceptions Are Made For Nonstock Corporations And For Shareholder Agreements. In our March 31 and June 12, 2014 posts, we discussed ATP Tour, Inc. v. Deutscher Tennis Bund, 91 A.3d 554 (Del. 2014), where the Delaware Supreme Court upheld as facially valid a bylaw imposing liability for certain legal fees of the nonstock corporation
California Immigration Attorney Reforms. As reported by Chapman Law School graduate and columnist Frank Mickadeit in the August 23, 2013 edition of The Orange County Register, AB 1159 (a bill winding through the California Legislature) seems to be getting closer to enactment. Although subject to change, this bill would require–under its 16th version–California
Also, Civil Deposition Changes Are Significant As we ring in the new 2013 year, there are three changes in the attorney’s fees and routine costs area, although fairly narrow in nature. Also, we also include an off-topic change relating to civil depositions that should be of interest to all California civil litigators. All
Co-contributor Marc noticed a somewhat chilling story about borrowers who successfully won a fraudulent “dual tracking” case against OneWest Bank. (“Dual tracking” is the nomenclature for the practice by which some lenders simultaneously pursued foreclosure remedies while attempting loan modification negotiations with borrowers.) According to an October 31, 2012 story in the
Bill Would Abrogate Flemming v. Barnwell Nursing Decision. In our October 22, 2010 post, we reported on the New York Court of Appeals’ decision in Flemming v. Barnwell Nursing, which denied awarding attorney’s fees to a class action settlement objector whose efforts helped reduce requested class counsel fees of $448,000 down to $425,000
U.S. Congress and North Carolina Also Considering SLAPP Legislation. We have posted frequently on California’s anti-SLAPP statute and its fee-shifting provisions. We can now report that, according to a June 20, 2011 post on the Reporters Committee for Freedom of Press News website, Texas is the 27th state, along with the District
Attorney’s Fees and Costs Are the Main Sanctions. House Judiciary Committee Chairman Lamar Smith (R-Texas) and Senate Judiciary Committee Ranking Member Chuck Grassley (R-Iowa), on March 10, 2011, introduced legislation to curb frivolous lawsuits. The Lawsuit Abuse Reduction Act, if passed as introduced, would impose mandatory sanctions upon lawyers filing meritless suits in
