Attorney's Fees Appeals

News & Analysis as of

Court of Appeals to Decide Controversial Partnership Dissolution Case

In a controversial ruling last year in Congel v Malfitano, the Appellate Division, Second Department, affirmed and modified in part a post-trial judgment against a former 3.08% partner in a general partnership that owns an...more

2016 eDiscovery Case Law Year in Review, Part 4

As we noted yesterday, Tuesday and Monday, eDiscovery Daily published 74 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to...more

When it’s Over, it’s Over

In Walker v. Health International Corp., [2015-1676] (January 6, 2017), the Federal Circuit affirmed the district court’s award of sanctions for vexatious actions in continuing to litigate after the parties settled all...more

How’d You Come Up With That? Third Circuit Vacates Class Counsel’s Fee Award

There are several different stakeholders in class actions. There are the named parties, of course, and the members of the putative class, to the extent plaintiff seeks to sweep them into the lawsuit. ...more

Ninth Circuit Rules Lease Damages Cap Does Not Apply to Damages Independent of Termination

On December 29, 2016, the U.S. Court of Appeals for the Ninth Circuit (the “Court”) issued an opinion, holding that the statutory cap on a landlord’s damages claim in a bankruptcy case applies only to claims resulting...more

Supreme Court Clarifies Attorney Lien Rights

This decision explains the extent of an attorney fee lien in Delaware. The lien extends to the entire fee when the fee is based on hourly rates, regardless of whether all the time spent was necessary for the recovery....more

Appellate Court Notes

AC37979 - Meadowbrook Center, Inc. v. Buchman - Nursing home sued son/guarantor of patient and obtained a judgment for $45,000. The guarantee agreement allowed the nursing home to seek attorney fees. The son appealed...more

506913 N.B. Ltd.: Jarndyce v. Jarndyce Revisited

On a procedural motion in 506913 N.B. Ltd. v. The Queen (2016 TCC 286), the Tax Court ordered the Respondent to answer all questions refused on discovery, reattend at a further discovery, and pay the Appellant’s costs on the...more

District Court Applies Law of Would-Be Filing Court in Fee Dispute in Hip Implant Case Filed Directly Into MDL

Last week, along with many of you, we attended the ACI Drug and Medical Device Conference in New York City. The quality of the presentations was uniformly high, and the collegiality and camaraderie were welcome, refreshing,...more

It’s a Trap!! – Be Careful When Crafting Your Rule 68 Offers of Judgment

Federal Rule of Civil Procedure 68 presents a valuable settlement tool for defense attorneys. Specifically, it allows the defendant to make a pre-trial offer of judgment on specified terms, and provides for the recovery of...more

SC Court of Appeals Curbs Personal Representative Fee - Appeal arose from administration of an estate

The South Carolina Court of Appeals recently handed down the decision of In Re: Estate of Marion M. Kay, Op. No. 5414 (S.C.Ct.App. Withdrawn, Substituted and Refiled Nov. 2, 2016) (Shearouse Adv.Sh. No. 42 at 28). In Kay,...more

Appellate Court Notes

Appellate Court Advance Release Opinions: A prior appeal in this case concluded that the defendant, former husband, was entitled to seek modification of alimony and support when he voluntarily moved from Florida to...more

Ninth Circuit Expands the Octane Fitness Attorneys’ Fee Standard to the Lanham Act

Following several other circuits as well as patent law precedent, in SunEarth, Inc. v. Sun Earth Solar Power Co., the U.S. Court of Appeals for the Ninth Circuit recently made it easier for Lanham Act litigants to recover...more

Chris Lazarini Comments on Application of Manifest Disregard of the Law

Bass, Berry & Sims attorney Chris Lazarini commented on a case in which a former trader fraudulently purchased $1 billion in Apple shares that ultimately forced the closure of the trader's firm, Rochdale Securities. Rochdale...more

Appeals Court Explains Punitive Damages Awards For Extreme Reprehensibility Or Unusually Small, Hard-To-Detect Or Hard-To-Measure...

In Nickerson v. Stonebridge Life Ins. Co. (No. B234271A, filed 11/3/16), (“Nickerson II”) a California appeals court outlined the requirements for complying with the single-digit multiplier annunciated as a Constitutional...more

Ninth Circuit Retires Fee-Award Standard, Imports Octane Fitness to Trademark Cases

This week, the U.S. Court of Appeals for the Ninth Circuit joined a majority of appellate courts that have rejected rigid tests for attorneys’-fees awards in favor of flexible discretion at the district court level. The...more

Federal Circuit Review | October 2016

Withdrawal of Claims During Prosecution Can Trigger Prosecution History Estoppel In UCB, Inc. v. Yeda Research and Development Co., Ltd., Appeal No. 2015-1957, the Federal Circuit held that prosecution estoppel can apply even...more

Litigation Alert: Ninth Circuit Adopts Broader Octane Fitness Standard for Attorneys’ Fees Awards under the Lanham Act

On October 24, 2016, the U.S. Court of Appeals for the Ninth Circuit after an en banc rehearing in Sunearth, Inc. v. Sun Earth Solar Power Co., LTD., adopted the Octane Fitness standard for determining whether a case is...more

Octane Fitness and Highmark Apply to Ninth Circuit Attorney Fee Awards under the Lanham Act

On October 24, 2016, the Ninth Circuit Court of Appeals, sitting en banc, held that district courts analyzing a request for attorney fees under the Lanham Act should consider the totality of the circumstances, as set forth in...more

Florida Sinkhole Statute And Recovery Of Attorneys’ Fees Without Bad Faith: Florida Supreme Court Reverses The 5th DCA And...

In Johnson v. Omega Ins. Co., 2016 Fla. LEXIS 2148 (Sept. 29, 2016), the Florida Supreme Court determined that the 5th DCA misapplied and misinterpreted two statutes, the first providing a presumption of correctness to the...more

In the Tenth Circuit, Colorado’s On-Going Debate over the “Fairly Debatable” Defense

A recent Tenth Circuit Court of Appeals decision, The Home Loan Investment Co. v. St. Paul Mercury Ins. Co., 827 F.3d 1256 (10th Cir. 2016), demonstrates that, although multiple jurisdictions may recognize similar defenses...more

Litigation Funding Contract Invalidated as Champertous in Pennsylvania

This post does not involve a drug/device case – or even a tort case - but counsel worried about potentially abusive litigation funding should take a look at WFIC, LLC v. Labarre, ___ A.3d ___, 2016 WL 4769436 (Pa. Super....more

New Jersey Court Ruling Raises Price Of Employment Discrimination

Supreme Court Decision Impacts Potential Emotional Distress Damages - On September 19, 2016, the New Jersey Supreme Court upheld a jury’s award of $1.4 million in emotional distress damages to two Hispanic brothers who...more

Appellate Court Notes

Supreme Court Advance Release Opinions: - SC19389 - State v. Edmonds - SC19389 Concurrence - State v. Edmonds - SC19389 Concurrence - State v. Edmonds - SC19389 Dissent - State v. Edmonds...more

Supreme Court Holds Attorneys’ Fee Affidavits Must Be From Independent Counsel

In a decision that impacts most litigators in Rhode Island, the Rhode Island Supreme Court has held that affidavits or testimony offered to support a claim for attorneys’ fees must be from a member of the Rhode Island Bar who...more

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