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Celebrities/Intellectual Property:  Trade Dress Infringement Case Won By Maker Of Dan Aykroyd’s Crystal Head Vodka Does Not Garner Attorney’s Fees For Winner

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District Judge Finds Case Is Not Exceptional So As To Award Over $4.3 Million In Requested Fees.            Nov. 16, 1904.  Cover of Puck.  "Illustration shows a drunken Russian man holding a jug of vodka and wildly swinging a bloodly sword at a wasp representing Japan. John Bull and Uncle Sam […]

Arbitration: Defendant Client Could Not Raise Right To Arbitrate Through A Motion For Judgment On The Pleadings

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$58,000 Summary Adjudication For Unpaid Legal Fees Sustained On Appeal.             An in pro per former client, as a defendant, represented himself in former law firm’s action to recover from him $58,000 in unpaid legal fees.  Although there was an arbitration clause in the fee retainer agreement, defendant answered (never listing arbitration as a defense)

Appeal/Sanctions:  Ninth Circuit Determines Fees On Fees Not Allowable Under Federal Rule Of Appellate Procedure 38, But Are Awardable Under 28 U.S.C. § 1927

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    End Result Is That Fee/Costs Order Remained In Effect.               President Coolidge and party on Tower Fall steps, Yellowstone National Park. c1927.  Library of Congress.         In Blixseth v. Yellowstone Mountain Club, LLC, No. 12-35986 (9th Cir. April 18, 2017) (published), the Ninth Circuit decided two issues as to whether “fees on fees”

Have A Wonderful Weekend !

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SO THAT'S WHERE EGGS COME FROM, AND HOWARD THURSTON, PROFESSIONAL MAGICIAN, PULLS AN EASTER EGG FROM THE MOUTH OF BUZZIE DALL AT THE WHITE HOUSE EGG ROLLING FESTIVALS. THE GROUP, FROM THE LEFT: JANE THURSTON, DAUGHTER OF THE MAGICIAN; SISTIE DALL AND BUZZIE, GRANDCHILDREN OF THE PRESIDENT; MR. THURSTON; AND MRS. ROOSEVELT.  1934. Library of

Private Attorney General: Carian Decision Now Published

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  Prior Unpublished Decision Affirmed Denial Of 1021.5 Fees For Failure To Make Proper Informal Settlement Efforts.      In our March 11, 2015 post, we discussed Carian v. Dept. of Fish & Wildlife, Case No. D066683 (4th Dist., Div. 1), which originally issued as an unpublished decision on March 9, 2015. It affirmed a trial

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