David J. McMahon

David J. McMahon

Barger & Wolen


Latest Publications

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Will the protracted litigation between tobacco manufactures and the State of California finally be coming to an end?

The State of California engaged in lengthy and protracted litigation with numerous tobacco manufacturers concerning their marketing activities and advertising in the State of California. In the Consolidated Tobacco Cases, the...more

6/18/2013 - Advertising Attorney's Fees Consent Decrees Marketing Tobacco Litigation

Civil Rights Act Violations Entitles Non Profit Group to Fee Award

In Higher Taste Inc. v. City of Tacoma the Ninth Circuit Court of Appeals awarded fees to a non-profit religious organization arising from a civil rights dispute. The non-profit sold T-shirts adorned with a...more

6/17/2013

Unsuccessful Litigant Still Wins Fees Under Vaccine Injury Act

In Sebelius v. Cloer, the United States Supreme Court decided a closely watched attorney fee case arising under the National Childhood Vaccine Injury Act of 1986 (“the Act”). That Act established a no-fault compensation...more

6/10/2013 - Fee Awards National Childhood Vaccine Act of 1986 Vaccinations

HP Inkjet Printer Litigation: Fee Award Fails to Comply With Provisions of the Class Action Fairness Act

In In re: HP Inkjet Printer Litigation, 2013 DJDAR 6149 (2013) the Ninth Circuit Court of Appeals reversed the approval of an attorney's fee award. The Ninth Circuit concluded that the fee award did not comply with the...more

5/29/2013 - Attorney's Fees CAFA Class Action Fee Awards Unfair or Deceptive Trade Practices

Court Interprets Settlement Agreement to Allow For Fee Recovery

In Khavarian Enterprises Inc. v. Commline Inc.,2013 DJDAR 6107 (2013) the California Court of Appeal for the Second Appellate District overruled the trial courts denial of a fee claim arising out of a settlement agreement....more

5/28/2013 - Attorney's Fees Misappropriation Prevailing Party Settlement Trade Secrets

Five-Day Extension For Mailing Applies To Deadline To File Timely Cost Bill

In Nevis Homes LLC v. CW Roofing Inc., 2013 DJDAR 6187(2013) the California Court of Appeal for the Second Appellate District decided a procedural issue pertaining filing a memorandum of costs. The court clarified the rules...more

5/22/2013 - Deadlines Extensions Pleadings Service of Process

Defense Cost Analysis in Complex Environmental Fee Claims

Introduction - Many of our litigation management audits involve complex environmental cleanup cases. In these cases, it is important to first evaluate the underlying matter, including the fact patterns of the various...more

5/21/2013 - Burden of Proof Environmental Claims Environmental Liability Legal Costs

Last Minute Amendment By Counsel To Augment Fee Claim Rejected By Court

In Duchrow v. Forrest, 2013 DJAR 5534 (2013) the California Court of Appeal for the Second Appellate District decided a unique fee claim arising in a procedural context. ...more

5/16/2013 - Amended Complaints Attorney's Fees Fees

Sanctions Are Issued Where Court Determines That Special Motion To Strike Was Filed For Improper Purpose

In Kleveland v. Siegel & Wolensky LLP, 2013 DAR 4961(2013) the California Courts of Appeal for the Fourth Appellate District affirmed the denial of a special motion to strike and the award of costs and attorney fees as...more

5/15/2013 - Anti-SLAPP Motion To Strike Sanctions

Recorded Witness Statements Subject to Qualified Work Product Protection

The California Supreme Court recently held that work product protection applies to recordings of witness interviews conducted by attorneys or their agents and information concerning the identity of those witnesses in Coito v....more

3/27/2013 - Audio Recording Video Recordings Witness Statements Work Product Privilege

Startups - Deferred Payment Models for Legal Fees

In our “Startup Blog” series, How to Select New Counsel and Manage Legal Fees, we have been discussing the early stages of how to hire a lawyer for your startup. You should be aware that there are different payment methods...more

3/8/2013 - Attorney's Fees Deferred Payment Models Model Rules of Professional Conduct Startups

Hiring Legal Counsel & Initial Litigation Management for Startups

This is a follow up in our series, How to Select New Counsel and Manage Legal Fees, related to litigation management for startup companies to help ease the frustration and confusion of hiring and managing legal counsel for...more

3/6/2013 - Attorney's Fees Hiring & Firing Startups

Judicial Economy Implications: Ninth Circuit Sends District Judges Back To School On Calculation Of Attorney Fee Awards

My partner, Gary Bresee, recently blogged on the recent Ninth Circuit decision in Padgett v. Loventhal, 2013 DAR 1933 (2013). As Gary noted, in that case, the US Court of Appeals for the Ninth Circuit overruled the...more

3/5/2013 - Attorney's Fees

Is It Prejudgment Or Postjudgment Interest? The Conclusion Can Make A Difference

In Lucky United Properties Investments Inc. v. Lee, 2013 DAR 1614 (2013), the California Court of Appeal for the First Appellate District decided when interest begins to accrue on an award of prejudgment interest in the...more

2/20/2013 - Anti-SLAPP Interest Accrual Malicious Prosecution Postjudgment Interest Prejudgment Interest

Property Owners Are Entitled To Fee Award Arising From Invalid Claims Made By Homeowners Association

In Grossman v. Park Fort Washington Association, 2013 DAR 747 (2013), the California Court of Appeal for the Fifth Appellate District decided an interesting fee case arising out of a dispute between property owners and a...more

2/14/2013 - Appeals Arbitration Awards Attorney's Fees Bylaws Fees Homeowners' Association Mediation Permits Prevailing Party Property Improvements

Prevailing Party Attorney Fee Award Is Granted Based On Successful Affirmative Defense Raised In Answer

In Windsor Pacific LLC v. Samwood Co. Inc., 2013 DJDAR 1292 (2013), the California Court of Appeal for the Second Appellate District decided a novel attorney fee issue arising out of hotly contested litigation, pertaining to...more

2/12/2013 - Affirmative Defenses Attorney's Fees Easements Equitable Estoppel Prescriptive Easements Prevailing Party

Attorney Fee Award to Debtor Is Affirmed Where Creditor's "Reasonable Reliance" Claims Have No Merit

In Heritage Pacific Financial LLC v. Machuca, 2012 DJDAR 16803 (2012), the US Bankruptcy Appellate Panel for the Ninth Circuit decided an interesting attorney fee case arising in the commercial litigation context. The fee...more

2/4/2013 - Attorney's Fees Creditors Debtors Loans Reasonable Reliance Claims

Trial Court Abuses Its Discretion by Forcing Insurer to Bear the Cost of Giving Notice to Putative Class Members

In In re Insurance Installment Fee Cases, 2012 DJDAR 16696 (2012), the California Court of Appeal for the Fourth Appellate District decided an important class action cost recovery issue. The case arose in the insurance...more

1/23/2013 - Abuse of Discretion Appeals Class Action Discovery Motion to Compel Reversal Special Attendant Costs State Farm

Store Owner Entitled to Attorney Fee Award for Successful Defense of Disabled Persons Act Claim

In Jankey v. Lee, 2012 DJDAR 16809 (2012), the California Supreme Court decided an interesting attorney fee case involving a claim for attorney fees by a defendant who was successful in defending against a claim of disability...more

1/15/2013 - Attorney's Fees Disability Disability Access Claims

The Lack Of An Enforceable Contract Does Not Require Denial Of Attorney Fees Claim

In Douglas E. Barnhart Inc. v. CMC Fabricators Inc., 2012 DJDAR 15717 (2012), the California Court of Appeal for the Fourth Appellate District decided a unique and interesting claim for attorney fees arising from the alleged...more

12/13/2012 - Attorney's Fees Breach of Contract Construction Contracts Prevailing Party

Offset Required For Attorney Fee Award In Social Security Case

In Parrish v. Commissioner of Social Security Administration, 2012 DJDAR 15223 (2012), the U.S. Court of Appeal for the Ninth Circuit decided a unique attorney fee case arising out of a dispute relating to the claimant’s...more

12/6/2012 - Attorney's Fees Social Security Benefits

County Counsel Is Eligible to Recover "Costs" But Not "Attorney Fees" In Bail Bond Forfeiture Matter

In People v. United States Fire Insurance Co., 2012 DJDAR 15367 (2012), the California Court of Appeal for the Fifth Appellate District declined to award fees to county counsel in proceedings arising out of bail bond...more

12/5/2012 - Attorney's Fees Bail Bond Forfeiture Proceedings

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