David J. McMahon

David J. McMahon

Barger & Wolen

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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

Are "pro hac vice" counsel entitled to recover costs?

In Kalitta Air LLC v. Central Texas Airborne System Inc., 2013 DJDAR 16393 (2013), the Ninth Circuit Court of Appeals decided a unique issue which other federal circuits have reached different conclusions on. The main issue...more

3/11/2014 - Legal Costs Litigation Fees & Costs Pro Hac Vice

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

A technical variance in a "998 offer" can preclude an award of costs

In Rouland v. Pacific Specialty Insurance Co. the California Court of Appeal for the Fourth Appellate District decided an interesting case under California’s cost shifting provision, Code of Civil Procedure Section 998....more

1/20/2014 - Breach of Contract Cost-Shifting Variances

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

Companies Increasingly Look To Captive Insurance

Companies seeking an alternative to traditional risk management approaches are increasingly turning to the captive insurance market, especially for recurring and foreseeable losses. As most commonly understood, the...more

11/26/2013 - Captive Insurance Company Corporate Counsel Employer Liability Issues Risk Assessment Risk Management

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

Mandatory arbitration costs are properly assessed to law firm

In Roldan v. Callahan & Blaine, the California Court of Appeal for the Fourth Appellate District decided a unique case illustrating California’s public policy of ensuring a litigant’s access to the justice system. The case...more

9/26/2013 - Arbitration Arbitration Agreements Legal Costs Mandatory Arbitration Clauses

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

Prevailing Party in Arbitration is Entitled to Post-Award, Prejudgment Interest Under Nevada Law

In Lagstein v. Certain Underwriters at Lloyd’s of London the Ninth Circuit held that Nevada law allows the prevailing party in arbitration proceedings to collect post-award, prejudgment interest....more

9/4/2013 - Arbitration Arbitration Awards Disability Insurance Prejudgment Interest

Anti-SLAPP "protected activities" include filing of unlawful detainer actions

In Trapp v. Naiman, the California Court of Appeal for the Fourth Appellate District decided an interesting real property case. The case began as a non-judicial foreclosure and unlawful detainer matter. The case then morphed...more

8/22/2013 - Abuse of Process Anti-SLAPP Foreclosure Unlawful Detainer

Attorney fees only awarded to developers of affordable housing projects

In Honchariw v. County of Stanislaus, the California Court of Appeal for the Fifth Appellate District ruled that the housing developer was not entitled to attorney fees under California Government Code § 65589.5(k) because...more

8/20/2013 - Affordable Housing Housing Developers Housing Market Writ of Mandamus

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

The Evolution of Technology in Litigation Document Discovery

It is widely recognized that one of the most expensive aspects of complex litigation is the electronic discovery (“e-discovery”) phase of the case. This process involves exchanging documents and other information in...more

8/13/2013 - Complex Litigation Electronically Stored Information Predictive Coding Technology-Assisted Review

Pre-Arbitration Award of Attorney Fees Reversed

In Roberts v. Packard, Packard & Johnson, the California Court of Appeal for the Second Appellate District made an important clarification in the law and held that under Civil Code section 1717, attorney fees can only be...more

8/6/2013 - Arbitration Arbitration Awards False Claims Act

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