Attorney's Fees Discovery

News & Analysis as of

To Litigate or not to Litigate: Practical Considerations for Every Business

It should come as no surprise that business is booming in Silicon Valley, although with the growing number of businesses comes increased potential for conflict and litigation. Know that litigation is serious business. ...more

The Class Action Chronicle - Winter 2015

This is the 10th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...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

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

Business Litigation Reporter October 2015

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

Two Cases From NC Business Court: Class Action Fees Doubled And Expedited Discovery Denied

Last week (well, two weeks ago, I'm kind of behind) seemed like class action week at the Business Court. Judge Gale issued three rulings in class action cases. ...more

Failure to Engage in Basic Litigation Hold Results in Sanction (California)

HM Electronics, Inc. v. R.F. Technologies, Inc., 2015 WL 4714908 (S.D. Cal. Aug. 7, 2015) - In this trademark infringement case, the plaintiff claimed that the defendants interfered with the plaintiff’s prospective...more

Court Orders Inclusion of Technology Specialist Fees in Award Calculation (New Mexico)

Gen. Protecht Grp., Inc. v. Leviton Mfg. Co., 2015 WL 4988635 (D.N.M. Aug. 3, 2015) - In this patent infringement case, the defendant alleged that the plaintiffs had infringed upon the defendant’s specialized patents,...more

Court Awards The EEOC Attorneys’ Fees And Contempt Fines In Post-Judgment Discovery Dispute

In EEOC v. Northern Star Hospitality, Inc., No. 12-CV-214 (W.D. Wis.), a case we have blogged about previously here, Judge Barbara B. Crabb of the U.S. District Court for the Western District of Wisconsin imposed contempt...more

IP Newsflash - July 2015 #3

DISTRICT COURT CASES - Expert Witness’ Flawed Infringement Opinion Supports an Award of Attorneys’ Fees - Defendants Six Flags Theme Parks Inc. sought an award of attorneys’ fees under 35 U.S.C. § 285 against...more

Australia – A New Frontier for Plaintiffs?

With the increasing barriers to successfully prosecuting a securities fraud case in the United States, including the jurisdictional limitations caused by the Morrison decision, institutional investors are sometimes now...more

Arbitration Programs and Enforcement: Top 10 Checklist

(...) Saving Money – The Proof is in the Empirical Data - A recent national study concluded that arbitration awards are approximately 35% lower than recoveries in the court systems. Moreover, attorney’s fees for defending...more

Congress Continues to Promote Patent Reform Efforts

In recent years, Congress has devoted a great deal of attention to patent reform. Those efforts led in 2011 to passage of the Leahy-Smith America Invents Act (AIA), which was the most extensive revision of the patent laws in...more

Federal Circuit Review | May 2015

Overly Narrow Statement Of Problem Can Show Reliance On Hindsight - In INSITE VISION INCORPORATED v. SANDOZ, INC., Appeal No. 2014-1065, the Federal Circuit held that enunciating an overly narrow statement of the problem...more

Real Property, Financial Services & Title Insurance Update: Week Ending April 17 & 24, 2015

Statute of Limitations/Liens: one year statute of limitations to enforce equitable lien under Fla. Stat. sec. 95.11(5)(b) runs from last furnishing of labor, services, or material for improvement of real property; Fla. Stat....more

Reinsurer Obtains Award Of Attorney’s Fees Against Cedent That Failed To Timely Produce Electronically Stored Information

This case was brought by the cedent, Michigan Millers Mutual Insurance Co., seeking indemnity and expense payments arising from various underlying lawsuits, under a Casualty Excess Reinsurance Agreement. A discovery dispute...more

McKee v. Peoria Unified School District: Court of Appeals Reverses Judgment Against School District in Public Records Case

In May, 2010, a student at a Peoria high school drowned during a swimming class supervised by physical education teacher Timothy McKee. After an internal investigation, the District sought to terminate McKee’s employment....more

The Squeaky Wheel Gets the Grease--You Won’t Get Fees if You Don’t Complain Early

Stragent, LLC v. Intel Corp. - Applying recent standards for determining whether a case is “exceptional” under Octane Fitness for purposes of awarding fees, the U.S. District Court for the Eastern District of Texas...more

Business Court Resolves A Trio Of Discovery Issues

Three interesting discovery issues were resolved last week by Judge Bledsoe's Order in Gay v. Peoples Bank. First, can you obtain in discovery in a class action the fee arrangement between the plaintiff and his lawyers? ...more

The Civil Rules Committee Goes Back to the Drawing Board on Rule 37(e)

Calling its prior proposal “too restrictive,” the Advisory Committee on Civil Rules published a substantially revised version of Federal Rule of Civil Procedure 37(e) in the agenda for its April 10-11 meeting. The Committee...more

Nevada Judge Sanctions State AG In Robosigning Suit

On January 30, Nevada’s Clark County District Court ordered the State AG to pay attorneys’ fees in connection with a mortgage servicing vendor’s attempts to obtain discovery in the state’s case alleging the company...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

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending August 2, 2013

I. FLORIDA STATE CASES – JOURDAN HAYNES - Attorneys’ Fees: trial court did not abuse its discretion in awarding attorneys’ fees and costs of $74,429 against bank following dismissal of foreclosure action as sanction...more

Points & Authorities - Summer 2013: The Ray Charles Foundation “Messes Around” and Gets SLAPP’d

The Expansion of Anti-SLAPP Motions into Copyright and Trademark Cases and the Threat to the Existence of Anti-SLAPP Motions in Federal Courts - California Code of Civil Procedure Section 425.16 (the “anti-SLAPP”...more

Estée Lauder v. OneBeacon Insurance Group – Expanding the Scope of Discovery in Bad Faith Cases

On April 15, 2013, the Supreme Court of the State of New York, County of New York, granted the insured’s request for the production of certain claims file material and previously sealed discovery in Estée Lauder Inc. v....more

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