News & Analysis as of

Appellate Court Orders California Tax Agency to Pay Attorney Fees Based on Significant Public Benefit Obtained by Reed Smith

The California Court of Appeal held in a published decision Sept. 2 that Reed Smith secured a significant benefit for the public by bringing a case that resulted in the Court striking down portions of an unconstitutional and...more

Court of Appeals Rejects Mandatory Treble Damages Under Wage Payment and Collection Law

Last week, in the case of Peters v. Early Healthcare Giver, Inc., the Court of Appeals had another opportunity to reflect on the Maryland Wage Payment and Collection Law (“WPCL”) and specifically discuss the application of...more

Trial Court's Calculation of Lodestar Is Affirmed

In Syers Properties III, Inc. v. Rankin the California Court of Appeal for the First Appellate District affirmed the trial court’s grant of an award of attorney fees. The appellant contended that the trial court should not...more

The Jewel Unfinished Business Doctrine Loses its Luster

On November 15 and December 2, 2013, the Second Circuit Court of Appeals, in In re Thelen LLP and In re Coudert Brothers LLP, certified to the New York Court of Appeals the question of whether a client matter, billed on an...more

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

Federal Circuit Review - Attorney's Fees, FRAND-encumbered Patents, and IPRs (May 2014)

Standard For Obtaining Attorney’s Fees Too High - In OCTANE FITNESS, LLC v. ICON HEALTH & FITNESS, INC., Appeal No. 12-1184, the Supreme Court reversed and remanded the Federal Circuit’s affirmance of the district...more

Arizona Court Strikes Down Restrictive Covenants

In a notorious case, the Arizona Court of Appeals yesterday struck down Quicken Loans’ non-solicitation covenants and confirmed that the defendants in the case were entitled to recover their attorneys’ fees. Quicken sued...more

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

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

Supreme Court Confirms That Merits Decisions Are Final and Appealable Even When Contractual Fees Remain Unresolved

The U.S. Supreme Court has provided much-needed clarity and uniformity on the issue of whether contractual attorney’s fees are a part of a merits decision for the purposes of determining timeliness of a federal appeal. Ray...more

U.S. Supreme Court: A Decision on the Merits Triggers the Time to Appeal Irrespective of a Pending Contractual or Statutory...

The U.S. Supreme Court ruled in a unanimous opinion that an unresolved claim for attorney’s fees does not prevent a decision on the merits of an ERISA suit from becoming final for purposes of the deadline to file a notice of...more

You Can't Appeal That! Or Can You?

You may remember the case of Out of the Box Developers, LLC v. Logicbit Corp. It has spawned a couple of interesting discovery decisions. One was on subpoenas to third parties, another involved nearly $40,000 in sanctions for...more

Dispute Resolution Multi-Jurisdictional Guide 2013/14 Country Q&A: Japan

MAIN DISPUTE RESOLUTION METHODS - 1. What are the main dispute resolution methods used in your jurisdiction to settle large commercial disputes? Litigation -- Litigation is the most frequently used...more

SCOTX: Attorney Fees Need Not Be Superseded on Appeal

In November 2011, I posted about whether attorney fees must be superseded to stay execution of a judgment pending appeal. Today, in In re Nalle Plastics Family Limited Partnership (No. 11-0903), the Texas Supreme Court...more

Appellate Notes: Week of April 18th

Welcome to our Supreme and Appellate Court summaries webpage. On this page, I provide abbreviated summaries of decisions from the Connecticut appellate courts which highlight important issues and developments in Connecticut...more

Class Action Settlement Take-up Significant for Fee Approvals - Lavier v MyTravel Canada Holdings Inc

On February 14, 2013, the Ontario Court of Appeal released its decision in Lavier v MyTravel Canada Holidays Inc, which deals with the approval of class counsel fees in a settled class proceeding. The decision provides some...more

Monster Cable Ordered to Pay Monster Daddy Attorneys Fees in Meritless Appeal

Techdirt has written extensively about why Monster Cable is considered ”somewhat famous as a trademark bully.” Numerous comments to a TTABlog post reinforce this view....more

Property Owners Are Entitled To Fee Award Arising From Invalid Claims Made By Homeowners Association

In Grossman v. Park Fort Washington Association, 2013 DAR 747 (2013), the California Court of Appeal for the Fifth Appellate District decided an interesting fee case arising out of a dispute between property owners and a...more

Sixth Circuit Issues Second Victory to EEOC in Sex Discrimination Case Against Cintas Corp.

Court Denies Rehearing of Its Earlier Ruling Allowing Systemic Hiring Discrimination Case and Overturning Award of Attorney's Fees; Cintas CEO Likely to be Deposed - WASHINGTON - In a second victory for the U.S. Equal...more

Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for...

On December 4, 2012, the Arizona Court of Appeals issued a decision in Sullivan v. Pulte Home Corporation that will have significant implications in the construction industry. The case revolved around a home built by Pulte in...more

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