News & Analysis as of

ERISA – 2nd Circuit: Reversible Error To Deny Successful Claimant’s Attorney Fees Solely Because There Was No Evidence of Bad...

Can a court deny a successful ERISA claimant’s attorney fees solely because there is no evidence of bad faith? NO....more

Sixth Circuit Issues Shocking Opinion Against ERISA Insurer, Dramatically Changes The ERISA Landscape

In what can only be described as a shocking opinion, the Sixth Circuit Court of Appeals issued a 2-1 decision affirming a lower court's award of $3.8 million dollars in disgorged profits to a former president of Arthur J....more

California Employment Law Notes - November 2013

Employer Was Entitled To "Substantial Motivating Factor" Jury Instruction - Alamo v. Practice Mgmt. Info. Corp., 219 Cal. App. 4th 466 (2013) - In one of the first appellate opinions to consider the new jury...more

School District Granted Substantial Attorneys’ Fees Award For Its Defense Of Frivolous Lawsuit Brought By A Student’s Parent

A federal district court found in favor of a school district in a lawsuit filed by a student’s parent under the Individuals with Disabilities Act (“IDEA”) to appeal a decision of an Administrative Law Judge (“ALJ”). The...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

Weekly Law Resume - December 27, 2012: ADA Defendant Granted Attorney Fees as a “Prevailing Party”

Les Jankey v. Song Koo Lee California Supreme Court (December 17, 2012) The Supreme Court upheld an award of attorney fees in favor of a defendant in a disability access discrimination case pursuant to California...more

Insurance and ADA Public Accommodations Claims

Title III of the Americans with Disabilities Act (ADA) requires that businesses which offer goods and services to the public (i.e. “public accommodations”) take steps to ensure that their facilities are accessible to...more

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