Attorney's Fees

News & Analysis as of

Texas Court Affirms Arbitration Award In Law Firm Fee Row

A Texas district court denied Curtis International, Ltd.’s (“Curtis”) counter-motion to vacate an arbitration award in a row over attorney and expert witness fees and expenses. Curtis, a manufacturer and distributor of...more

Court Awards The EEOC Attorneys’ Fees In Contempt Dispute

In EEOC v. New Indianapolis Hotels, LLC, No. 10-CV-1234 (S. D. Ind. Nov. 9, 2015), Judge William T. Lawrence of the U.S. District Court for the Southern District of Indiana granted the EEOC attorneys’ fees for the time it...more

Columbia Law Review Study of Fee Awards in Securities Class Actions Yields Surprising Results

The Columbia Law Review has recently published an article, Is the Price Right: An Empirical Study of Fee-Setting in Securities Class Action, 115 Colum. L. Rev. 1371 (Oct. 2015), by Professors Lynn A. Baker, Michael A. Perino,...more

A Contractual Attorney Fee Provision Cannot Override the Statutory Cap on Attorney Fees in a Small Claims Appeal

Michael Dorsey v. The Superior Court of San Diego (Crosier) - Court of Appeal, Fourth Appellate District (October 22, 2015) - Small Claims Court exists so those with meritorious claims under $10,000 can have their...more

Nevada Says Rule 68’s Offer of Judgment Applies In Arbitration

Today’s post is a good one for all those defendants/ respondents who are convinced that they have a slam-dunk case and want to recover their attorneys’ fees.  Because while these particular respondents were not successful,...more

Third Circuit Court of Appeals Affirms Appointment of Special Master for Discovery Matters (3rd Circuit)

Glover v. Wells Fargo Home Mortg., 2015 WL 5947812 (3d Cir. Oct. 14, 2015) - In this appellate case, the court affirmed the district court’s appointment of a special master to supervise discovery, as well as the...more

2009 Caiola Family Trust v. PWA, LLC, C.A. No. 8028-VCP (Del. Ch. Oct. 14, 2015) (Parsons, V.C.)

In this 91-page post-trial opinion addressing a dispute between members of a Delaware limited liability company formed to own and operate a residential apartment complex in Kansas, the Court of Chancery held that the...more

Virginia Holds Determination Whether Insurer Acted In Bad Faith Must Be Made By The Judge And Not The Jury

This country’s courts are split on whether the decision to award attorney’s fees in bad faith litigation should be made by the judge or the jury. Earlier this fall, Virginia aligned itself firmly with the former in Revi, LLC...more

Florida Appellate Court Rejects Conditional Notices of Voluntary Dismissal – Treats as Totally Ineffectual

In Wells Fargo Bank v. Lauri Mailloux, 2D14-5116 (Fla. 2d DCA October 30, 2015), the Second District Court of Appeal held that the inclusion of language purporting to render a notice of voluntary dismissal conditional upon an...more

More criticism for NY Times arbitration stance in Forbes article

Daniel Fisher of Forbes has written another article criticizing the NY Times for its stance on arbitration. Last week, Mr. Fisher criticized the first article in the Times’ three-part series on arbitration for disregarding...more

Supreme Court to Review Federal Circuit Standard for Treble Damage Awards Under § 284 - Halo Electronics, Inc. v. Pulse...

Taking its first IP cases of the current session, the Supreme Court has granted certiorari in two § 284 enhanced fee award patent cases: Halo Electronics, Inc. v. Pulse Electronics, Inc., S.Ct. No. 14-1513 (Oct. 19, 2015) and...more

Caltrans’ Highway 101 Overpass Condemnation Case Ends in Split Decision

For several years, we’ve been following an eminent domain lawsuit in Marin County involving Caltrans’ acquisition of 34 acres for a $29.7 million interchange project at the Redwood Sanitary Landfill, which would widen the...more

E-Discovery Update: Nonparty Subpoenas: Shifting Costs Back to the Requesting Party

All companies dislike incurring expenses in connection with document production, but it is particularly distasteful to do so in connection with matters in which the company has no stake. Luckily, in those instances, companies...more

New York Expands Protections for Women with Passage of Women's Equality Act

On October 21, 2015, Governor Cuomo signed into law five bills that will provide greater protection for women in the workplace. These bills, which are part of the Women's Equality Act, strengthen New York's equal pay...more

Nomadic Church Sues New Jersey Township Over Denial of Use Variance

A predominantly African American Church of about 25 members known as My Father’s House Ministry, Inc. (Church) is suing Delanco Township, New Jersey over allegations that the Township violated both the Religious Land Use &...more

New York State Passes Five New Laws to Effectuate Gender Equality in the Workplace

The New York State Legislature recently passed several pieces of legislation, all of which are intended to curtail gender-related employment discrimination. Among other things, this legislation strengthens existing laws,...more

Court Of Chancery Calculates The Length Of An Injunction Against Unfair Competition

How long should competition in violation of an agreement be enjoined? Normally, that would depend on what the agreement says. But when that is not set out by the parties’ contract, this decision explains how to determine the...more

California Updates Data Security Laws

Why it matters - The first state to enact data breach notification legislation, California has now updated Civil Code Section 1798.82 with three new bills signed into law by Governor Jerry Brown. Specifically, Senate...more

New York Enacts Sweeping Protections Strengthening Women’s Rights in the Workplace

On October 21, 2015, New York Governor Andrew Cuomo signed into law sweeping legislation to protect and further women’s equality in New York State. The new laws, which go into effect on January 19, 2016, will help achieve pay...more

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

Court Of Chancery Reverses Director Resignation

In this unusual case, the Court of Chancery has reinstated a director who was tricked into resigning. The opinion has a good discussion of how directors may resign and when their resignation is not effective....more

New York State Employers Face Strict New Equal Pay and Sex Discrimination Laws

New York Governor Andrew Cuomo recently signed a series of bills entitled the “Women’s Equality Agenda” that significantly amend the State’s equal pay, sex discrimination, harassment and other laws to provide additional...more

Supreme Court Will Decide Whether to Relax the Standard for Award of Enhanced Patent Damages

The U.S. Supreme Court announced last week that it will decide two cases concerning the issue of when district courts may award enhanced damages to patentees upon a finding of infringement. Stryker Corp. v. Zimmer, U.S., No....more

Can the California A.G. limit those incessant Prop 65 lawsuits?

The California Attorney General has proposed amendments to California’s Proposition 65 regulations governing enforcement actions brought by a “private person in the public interest.”...more

Seventh Circuit Slams STOLI Scheme, Permits Insurer To Retain Premium and Recover Attorneys' Fees

Last week, the United States Court of Appeals for the Seventh Circuit issued an opinion affirming summary judgment in favor of Ohio National Life Assurance Corporation in a STOLI-related case. The 14-page opinion authored by...more

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