David J. McMahon

David J. McMahon

Barger & Wolen

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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

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

Attorney Litigants May Not Recover Attorney Fees When They Represent Themselves

In Soni v. Wellmike Enterprise Co. Ltd., 2014 DJDAR 3828 (2014), the California Court of Appeal for the Second Appellate District affirmed a well established principle under California law. Law firms and attorney litigants...more

4/29/2014 - Attorney's Fees Pro Se Litigants

Attorney fees properly discharged under bankruptcy law in family law matter

In Bendetti v. Gunness, 2014 DJDAR 623 (2014), the US Bankruptcy Appellate Panel (“BAP”) for the Ninth Circuit Court of Appeals affirmed the bankruptcy court’s decision. The bankruptcy court ruled that an attorney fee award...more

4/17/2014 - Attorney's Fees Consumer Bankruptcy Divorce Fraud

Trial Court Fails To Adequately Explain Basis for Cuts. Reduction in Fee Award Reversed.

In Carter v. Caleb Brett LLC, 2014 DJDAR 1412 (2014), the US Court of Appeal for the Ninth Circuit reversed a decision of the district court, making a significant reduction in a fee award. The Ninth Circuit ruled that the...more

4/16/2014 - Attorney's Fees

Can lawyers contractually agree to preclude a court from reviewing an arbitration award?

In Burton v. Class Counsel, 2013 DJDAR 16253 (2013), the Ninth Circuit Court of Appeal decided a unique case under the Federal Arbitration Act (FAA). The court decided the issue of whether lawyers can contractually agree to...more

3/12/2014 - Arbitration Arbitration Awards Attorney's Fees Complex Litigation Federal Arbitration Act

Third Party is Liable For Attorney Fees to Party Damaged by Fraudulent Conveyance

In Cardinale v. Miller, 2014 DJDAR 252 (2014), the California Court of Appeal for the First Appellate District decided a unique civil procedure issue arising out of an attorney fee award to a judgment creditor. The court...more

3/6/2014 - Attorney's Fees Fraud Fraudulent Conveyance Third-Party Liability

Attorney Fees Are Not Proper Where Plaintiff Dismisses Claims for Unlawful Debt Collection Practices

In Tourgeman v. Nelson & Kennard, 2014 DJDAR 587 (2014), the California Court of Appeal for the Fourth Appellate District decided an interesting collection case which resulted in an attorney fee award. The Court of Appeal...more

3/5/2014 - Attorney's Fees Debt Debt Collection

Standing in the shoes of a third party? Plan to pay the attorney fees.

In Apex LLC v. Korusfood.com, 2014 DJDAR 248 (2014), the California Court of Appeal for the Fourth Appellate District affirmed an attorney fee award rendered by the trial court. The court of appeal concluded that a third...more

2/13/2014 - Attorney's Fees Contractors Third-Party Liability

Plaintiff Entitled To Appeal Fee Award Despite Bankruptcy Court Plan Confirmation

In Edwards v. Broadwater Casitas Care Center, 2013 DJDAR 15911 (2013), the California Court of Appeal for the Second Appellate District decided an interesting case involving the interplay of a petition for attorney fees...more

2/13/2014 - Arbitration Attorney's Fees Bankruptcy Code Commercial Bankruptcy

Contract dispute leads to award of attorney fees

In Eden Township Healthcare District v. Eden Medical Center the California Court of Appeal for the First Appellate District decided a dispute giving rise to an attorney fee award pursuant to California Civil Code Section...more

1/20/2014 - Attorney's Fees Breach of Contract Hospitals

Attorney Fees Are Properly Granted Where School District Improperly Withholds Documents

In Garcia v. Bellflower Unified School District the California Court of Appeal for the Second Appellate District decided an interesting attorney fee claim arising under the California Public Records Act (“the Act”)....more

1/14/2014 - Attorney's Fees Document Productions Request For Information

"Prevailing party" is not limited to successful litigants. Attorney fees awarded in settlement.

In Medical Protective Co. v. Pang, 2013 DJDAR 14233 (2013), the United States Court of Appeal for the Ninth Circuit decided a fee case under Arizona Revised Statute Section 12-341.01. The statute allows fee awards in cases...more

1/13/2014 - Attorney's Fees Breach of Contract Settlement

Victory on Permit Conditions Does Not Justify Fee Award

In Norberg v. California Coastal Commission the California Court of Appeal for the Fourth Appellate District decided a unique case arising from a permit dispute with the California Coastal Commission (“the Commission”)....more

1/9/2014 - Attorney's Fees Construction Permits Erosion Private Property Property Owners

Sanctions for Retaining Non Admitted Co Counsel Are Not Proper

In Marriage of Bianco, the California Court of Appeal for the Fourth Appellate District overturned a sanctions award of attorney fees. The award was rendered in a family law dispute....more

1/7/2014 - Attorney's Fees Sanctions

Legitimate "Newco" Is Entitled To Partial Fee Award

In Brown Bark III LP v. Haver, 2013 DJDAR 12439 (2013), the California Court of Appeal for the Fourth Appellate District decided an interesting fee case arising in the commercial litigation context....more

11/4/2013 - Attorney's Fees Contract Drafting Debt Void and Unenforceable

Employee's Retention of Separate Counsel in Radio Station Prank Death Suit Ruled Unnecessary -- Fee Claim Rejected

In Carter v. Entercom Sacramento LLC, the California Court of Appeal for the Third Appellate District decided a case involving a fee claim made by an employee. The fees were generated in litigation that arose from a fatal...more

10/24/2013 - Attorney's Fees Contests & Promotions Legal Representatives Radio Stations Wrongful Death

Attorney Fees Are Not Justified To State Bar

In Barry v. The State Bar of California, the California Courts of Appeal for the Second District decided a unique attorney discipline case arising under the SLAPP statute, Code of Civil Procedure Section 425.16(c). The court...more

9/9/2013 - Anti-SLAPP Attorney's Fees Bar Associations Discipline

Courts Must Show Their Work When Calculating Attorney Fee

In Barnard v. Theobald the Ninth Circuit Court of Appeals ruled that the district court abused its discretion when it reduced the amount of attorney’s fee by 40 percent without explaining why a 40 percent reduction is...more

7/22/2013 - Attorney's Fees Legal Costs

Expert Fees Properly Awarded Under Offer of Judgment

In Martinez v. Brownco Construction Co. Inc., the California Supreme Court decided a unique issue under California’s offer of judgment procedure, Code of Civil Procedure Section 998. The court concluded that a second...more

7/1/2013 - Attorney's Fees Cost-Shifting Expert Witness Offer of Judgment Settlement

A prerequisite to the recovery of fees: How "reasonable and necessary" are your charges?

In State Farm Mutual Automobile Insurance Co. v. Huff, 2013 DJDAR 7379 (2013), the California Court of Appeal for the Fourth Appellate District decided a novel fee case in the medical context, referencing standards used to...more

6/28/2013 - Attorney's Fees Damages Fees Hospitals Insurers Liens Medical Expenses

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

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

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