David J. McMahon

David J. McMahon

Hinshaw & Culbertson LLP

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Is a Memorandum of Costs required in addition to a Fee Petition?

In Kaufman v. Diskeeper Corp., 2014 DJDAR 11468, the California Court of Appeal for the Second Appellate District decided an interesting case involving the interplay of a filed Memorandum of Costs and a related Petition to...more

11/26/2014 - Appeals Arbitration Attorney's Fees Litigation Fees & Costs Settlement

Fee award against non-party attorney is thrown out by appellate court

In Suarez v. City of Corona, 2014 DJDAR 12101, the California Court of Appeal for the Fourth Appellate District decided an interesting case concerning the interpretation of California Code of Civil Procedure Section 1038....more

11/24/2014 - Appeals Fee Awards Frivolous Lawsuits Municipalities Public Entities

Trial Court's Calculation of Lodestar Is Affirmed

In Syers Properties III, Inc. v. Rankin the California Court of Appeal for the First Appellate District affirmed the trial court’s grant of an award of attorney fees. The appellant contended that the trial court should not...more

7/23/2014 - Appeals Attorney's Fees Complex Litigation

Reasonable attorney fees did not include underlying administrative hearing process against Social Services, court determines

In K.I. v. Wagner, 2014 DJDAR 5546 (2014), the California Court of Appeal for the Fourth Appellate District granted partial attorney fees in a social security proceeding. An attorney represented a minor who was disabled by...more

6/2/2014 - Administrative Hearings Appeals Attorney's Fees Minors Social Security Social Security Benefits

Settlement Agreement Silent On "Costs" Leads To Prevailing Party Award

In deSaulles v. Community Hospital of the Monterey Peninsula, 2014 DJDAR 5571 (2014), the California Court of Appeal for the Sixth Appellate District decided that a prevailing party was entitled to costs, despite the fact...more

5/20/2014 - Appeals Hospitals Judicial Settlement Agreements Litigation Fees & Costs Prevailing Party

Is the Claimant entitled to attorney fees when the government asserts an unreasonable position?

In Tobeler v. Colvin, 2014 DJDAR 4845 (2014), the United States Court of Appeal for the Ninth Circuit overturned the trial court’s decision rejecting a claim for attorney fees. ...more

5/12/2014 - Administrative Appeals Appeals Attorney's Fees Equal Access to Justice Act Social Security Disability

Technical Rejection of Fee Claim Is Overruled By Court of Appeal

In Marriage of Sharples, 2014 DJDAR 823 (2014), the California Court of Appeal for the Fourth Appellate District overturned the outright rejection of a request for fees by the trial court. The judge rejected the fee claim on...more

4/29/2014 - Appeals Attorney's Fees Divorce

Fee Caps Do Not Apply to Prisoners Defending Judgment on Appeal

In Woods v. Carey the Ninth Circuit Court of Appeals decided a case on the recovery of attorney fees in the context of a prisoner defending a judgment on appeal....more

8/14/2013 - Appeals Criminal Prosecution Fees Final Judgment Prison

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

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

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