Off Topics

Potpourri: FEHA Fee Award Against Costco And Recent Article Confirms Steep Decrease in Jury Trial At Both State and Federal Levels

Cases: Civil Rights, Off Topics

Costco Hit With FEHA Fee Award of $471,240 Plus Costs.      In our category “Civil Rights,” you will find cases discussing California’s Fair Employment and Housing Act (FEHA), a statutory scheme that has a mandatory fee-shifting provision in favor of winning plaintiffs. The next fee award demonstrates that, depending on the ultimate outcome, fee awards […]

Off Topic: School District Struggles To Pay Title IX Fees; Public Officials Use Campaign Funds To Fund Criminal Defense; Billable Hours Giving Ground

Off Topics

Melange of Interesting Off Topics in the News All Center on Attorney’s Fees.      “In law, nothing is certain but the expense.”      –Samuel Butler      Samuel Butler put it well; here are three interesting vignettes for news stories that all center on attorney’s fees issues. CA School District Struggles to Pay Adverse Title IX

Off Topic: Recent Fourth District, Division 3 Is Must Reading For Litigators On Separate Statement Requirements In Summary Judgment/Adjudication Motions.

Off Topics

     Although we rarely venture out of the attorney’s fees area, we commend for reading the Fourth District, Division Three’s recent published decision in Oldcastle Precast, Inc. v. Lumbermens Mutual Cas. Co., Case No. G038645 (4th Dist., Div. 3 Jan. 23, 2009).      In a 3-0 decision authored by Justice Fybel, the appellate court provided

Off Topic: Has America Become A Society of Litigious “Victims”?

Off Topics

  Attorney/Author Philip Howard Thinks So, A Theory Advanced In His Book “Life Without Lawyers: Liberating Americans from Too Much Law.”      With many reviewers hailing it as a thoughtful plea for a return to common sense, attorney Philip K. Howard has written a recent book entitled “Life Without Lawyers: Liberating Americans from Too Much

January 2009 edition of Orange County Lawyer Discusses Attorney Lien, Contingency Fee Modification, and Family Law Discovery Fee Issues

Off Topics

Edition Discusses Feldman, Shopoff, and Stroud.      Two articles in the January 2009 edition of the Orange County Lawyer discuss fee issues of interest in the area of family law and ethics.      In “Executive Divorce,” authored by attorney Lisa Hughes, there is a discussion of Marriage of Feldman, 153 Cal.App.4th 1470 (2007). There, the

Recharged Debate: End The Billable Hour?

Off Topics

Recent Editorials By Chicago and New York Attorneys Reenergize the Debate.      In the August 2007 American Bar Journal, novelist Scott Turow—himself a partner in Sonnenschein Nath & Rosenthal (a large Chicago law firm)—wrote an article entitled “The Billable Hour Must Die.” Among other things, he noted that the yearly hour targets for young associates

Mike and Marc Publish Article in California Litigation, the Journal of the Litigation Section, State Bar of California

Off Topics

Article is Entitled, "When the American Rule Doesn't Apply:  Attorney's Fees as Damages in California Litigation"      The co-contributors to this blawg, William M. ("Mike") Hensley and Marc Alexander, have published an article about attorney's fees as damages in California Litigation, the Journal of the Litigation Section, State Bar of California, Volume 21, Number 3, 2008,

More Factual Tidbits From Recent Bureau of Justice Statistics Special Report

Off Topics

Part 2 Follow-up From Our October 30, 2008 Post.      In our October 30, 2008 post, we provided highlights from a civil justice survey of state courts in 2005, which primarily focused on the nation’s 75 most populous counties. (The California counties surveyed were Alameda, Contra Costa, Fresno, Los Angeles, Orange, San Bernardino, San Francisco,

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