Civil Remedies Professional Practice

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Blog: Should Attorneys Be Paid for Litigating Their Fee Requests? Supreme Court to Decide if Fee Defense Is a ‘Cost of Doing...

In a decision that will have profound implications for insolvency professionals of all types, the U.S. Supreme Court has agreed to hear an appeal of the 5th U.S. Circuit Court of Appeals’ decision that Section 330 of the U.S....more

IP Newsflash - September 2014

Federal Circuit Remands for Reconsideration of $6.6 Million Attorney Fees Award On September 4, 2014, the Federal Circuit remanded a case to the district court to reconsider an attorney fees award in light of the Supreme...more

Exaggeration of Counsel’s Class Action Experience Draws Rule 11 Sanction

New York District Court Judge Shira A. Scheindlin found class counsel’s allegation that they were experienced and competent was false because they could not provide any case in which they were certified as class counsel or...more

Offers of Judgment – Can They Shift Fees?

A recent Resource Conservation and Recovery Act (“RCRA”) lawsuit may offer some additional guidance on when offers of judgment may cut off a party’s right to recover attorneys’ fees and costs under environmental laws....more

Texas' Atty Fee Statute — Elevating Form Over Substance?

Texas follows the American Rule, which provides that litigants may recover attorneys' fees only if specifically provided for by contract or statute. One such statute — Section 38.001 of the Texas Civil Practice Remedies Code...more

Supreme Court "SOX" it to Employers by Extending Statute's Whistleblower Provision to Private Contractors of Public Companies

On March 4, 2014, the U.S. Supreme Court issued a decision in Lawson v. FMR LLC expanding the class of persons protected under the anti-retaliatory provisions set forth in the Sarbanes Oxley Act of 2002 ("SOX"). The Court...more

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

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

Supreme Court Issues Decision in Law v. Siegel, Eliminating Ability to Impose Surcharge on Exempt Property Unless Explicitly...

On March 4, 2014, the Supreme Court issued a unanimous opinion in Law v. Seigel, Case No. 12-5196, 571 U.S. ___ (2014) holding that the bankruptcy court used its equitable powers in contravention of Bankruptcy Code section...more

Florida Business Litigation Update: “Confidential” Settlements Really Need to Remain Confidential

The vast majority of bona fide commercial cases end in settlement. It has become a generally accepted practice in commercial practices to include a confidentiality provision in settlements so as to ensure that the parties...more

California District Court Rejects FLSA Settlement Due to 78% Fee Award

Without settlements, class action litigation would likely grind the work of our nation’s courts to a halt. One impediment, however, to settlement in many cases is the amount of attorney fees. Particularly in smaller cases, or...more

Business Court Awards $38,000 In Fees For Opposing Party's Failure To Comply With Discovery Order

Have you ever billed a client nearly $65,000 for pursuing a motion to compel? Maybe you routinely handle mega-cases and you aren't goggled by the size of that kind of fee But that was the amount of the fee sought last month,...more

The Trust Being a Multi-Party Relationship, Whom Legal Counsel Represents Can Get Complicated

The trust being a multi-party relationship, it is not always that easy to discern at any given time whom legal counsel is representing, or should be representing, in matters relating to the trust’s creation and...more

Law Firm with Inaccurate Billing Records Receives Nothing for Its Efforts

Woodland Hills Attorney Barry P. Goldberg warns his colleagues to have believable and accurate time records or risk receiving no compensation whatsoever from a reviewing court. Since the California Court of Appeal did not...more

Store Owner Entitled to Attorney Fee Award for Successful Defense of Disabled Persons Act Claim

In Jankey v. Lee, 2012 DJDAR 16809 (2012), the California Supreme Court decided an interesting attorney fee case involving a claim for attorney fees by a defendant who was successful in defending against a claim of disability...more

Disgorgement of an Advance Payment Retainer as Interim Fees in a Divorce Case?

In the closing days of the Illinois Supreme Court's November term, the Court allowed petitions for leave to appeal in six civil cases. Our previews of the new grants begin with In re Marriage of Earlywine. Although Earlywine...more

Civility in the Practice of Law: PART THREE: CIVILITY BETWEEN LAWYERS AND JUDGES

The past two weeks I discussed the issues of civility between lawyers and civility between parties. If incivility exists between lawyers or between parties, this dynamic can be changed by a desire to do so; and either way,...more

Ethics Opinions Underscore Problems That Medicare Liens Create when Negotiating Settlements

In serious personal injury cases, a common issue arises in settlement talks that affect the course of negotiations – Liens; Specifically, health insurer liens and liens asserted by Medicare. The problem is simple: a plaintiff...more

Help them keep their settlement

Originally published in Plaintiff Magazine, October 2012. We settled a case for an individual with a career-ending injury. At the mediation, we spoke about various options that were available. Our client talked about the...more

Criminal Court System

The following contains some pertinent information that might be of help to you as you become involved in the criminal justice system as a victim or witness. Apprehension and Arrest of the Accused There are three basic...more

Deciding to represent yourself (pro se) in litigation or bankruptcy is risky business.

If you plan to represent yourself (pro se) in a legal proceeding or are considering whether you need to engage an attorney or not, then you want to give this post a read (and have your dictionary ready for the end)! Contact:...more

Skiba Law Group a Featured Case Study in New ABA Book

ba Law Group a Featured Case Study in New ABA Book Written by John Skiba, Esq. in Collection Law Suits,Self-Help Legal Services This month marked the release of the new book by Stephanie Kimbro “Limited Scope Legal...more

Mediation and Arbitration have their limitations when it comes to trust disputes.

Unless the fiduciary issues and the representation issues in a trust dispute are properly sorted out in advance, there is a very real risk that an ill-considered rush to mediate or arbitrate will prove an expensive and...more

The Interest on Lawyers Trust Account Scheme (IOLTA): Could the medical profession get away with fleecing patients in this way?

It is coming on a decade since the U.S. Supreme Court ruled that the IOLTA scheme constitutes a collective taking by the state of the property of clients. Still the scheme continues. Nothing has changed. Why? Charles E....more

Help! The bank has frozen my account! (UK)

Collateral damage from money-laundering legislation: your bank can block your account and leave you with no remedy, even if you lose money as a result, if they suspect illegal activity. What should you do?...more

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