David J. McMahon

David J. McMahon

Hinshaw & Culbertson LLP

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Latest Posts › Reversal


Special Education Student Succeeds In Bid For Fees Under Individuals With Disabilities Education Act

In T.B. v. San Diego United School District, 2015 DJDAR 8756, the United States Court of Appeals for the Ninth Circuit decided a fee case arising under the Individuals with Disabilities in Education Act (IDEA)....more

9/22/2015 - ADA Appeals Attorney's Fees IDEA IEP Rehabilitation Act Remand Reversal Special Education

Trope Doctrine Does Not Apply In Public Records Act Proceeding

In Law Offices of Marc Grossman v. Victor Elementary School District, 2015 DJDAR 8356, the California Court of Appeal for the Fourth Appellate District ruled that the Trope Doctrine did not apply in litigation under the...more

8/21/2015 - Appeals Attorney's Fees Public Records Act Reversal Self-Representation Trope Doctrine

Fees For Public Records Act Request Is Only Proper Where The Request Is "Clearly Frivolous"

In Bertoli v. City of Sebastopol, 2015 DJDAR 779, the California Court of Appeal for the First Appellate District decided a case involving a fee request under the California Public Records Act (“CPRA”)....more

5/28/2015 - Electronically Stored Information Fees Frivolous Lawsuits Public Records Public Records Act Reversal

Revision Of Coal Mining Permit By Environmental Group Results In Attorney Fee Award

In Black Mesa v. Jewell, 2015 DJDAR 1050, the United States Court of Appeals for the Ninth Circuit concluded that an environmental group was entitled to an award of attorney fees arising out of their challenge to the Office...more

5/28/2015 - ALJ Appeals Attorney's Fees Coal Mines Permits Reversal

Attorney fees claim becomes the tail that wags the litigation dog

In Ellis Law Group LLP v. Nevada City Sugar Loaf Properties LLC, 2014 DJDAR 13541, the California Court of Appeal for the Third Appellate District decided a case implicating the doctrine that self-represented law firms may...more

1/27/2015 - Anti-SLAPP Appeals Attorney's Fees Independent Contractors Reversal

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 State Farm

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