David J. McMahon

David J. McMahon

Barger & Wolen

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"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

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

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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