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Attorney's Fees Trial Court Orders

Fuerst Ittleman David & Joseph

Florida Litigation Update: Third DCA Clarifies When Joint Proposals for Settlement Are Ambiguous and Addresses the Interplay...

Florida litigators are well aware of the power of a properly used proposal for settlement and the potentially devastating consequences of rejecting such a proposal. Such proposals are powerful tools designed to facilitate...more

Snell & Wilmer

Section 998’s Cost-Shifting Provisions May Apply When Case Ends in Settlement

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A divided court in Madrigal v. Hyundai Motor America (2023) 90 Cal.App.5th 385, as modified on denial of reh’g (May 9, 2023), review filed (June 20, 2023) recently held that the cost-shifting penalty provisions of California...more

Bradley Arant Boult Cummings LLP

The American Rule Stands? Appellate Court Remands for Prevailing Party to Segregate Between Recoverable and Non-Recoverable Fees

Another week, another fee-shifting case. This ones involves a 28-unit condo project in the Houston Heights neighborhood of Houston (see 2017 Yale Development, LLC v. Steadfast Funding, LLC, 2023 WL 3184028 (Tex. App. May 2,...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - January 30 - February 3, 2023

Dorsey & Whitney LLP on

The California Supreme Court issued the following decision earlier this week: Travis et al. v. Brand et al., Case No. S268480: Government Code section 91003(a) gives trial courts discretion to award attorney’s fees to “a...more

McGlinchey Stafford

Florida Real Property & Business Litigation Report, Volume 13, Issue 26

McGlinchey Stafford on

Liu v. Securities And Exchange Commission, Case No. 18–1501 (2020). Equitable relief, including disgorgement, is permissible under the Securities Act of 1933, 15 U. S. C. §77a et seq., so long as it does not exceed a...more

BCLP

Just File Your Notice of Appeal!

BCLP on

Generally, a notice of appeal of a bankruptcy-court order must be filed “within 14 days after entry of the judgment, order, or decree being appealed.” Fed. R. Bankr. P. 8002(a)(1). But what if a litigant’s motion for...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on Appointment of Receiver

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided additional insight case in which a former investment advisor at UBS sought to prevent the company from collecting on promissory notes the advisor owed to UBS upon his...more

Butler Snow LLP

Take This Job And Shove It – Alabama Supreme Court Elaborates On “Voluntarily” Leaving Employment

Butler Snow LLP on

If you quit your job because of a hostile work environment, is it still “voluntary”? According to the Alabama Supreme Court’s July 12, 2019 opinion in Arnold v. Hyundai Manuf. Ala., LLC, it is. In Arnold, Hyundai hired Arnold...more

Akin Gump Strauss Hauer & Feld LLP

Attorneys’ Fees Award for Plaintiff’s Inadequate Pre-Suit Infringement Investigation Affirmed Even Though Trial Court Never...

The Federal Circuit recently upheld a district court’s decision to tax a patent infringement plaintiff with its opponent’s attorneys’ fees based on an inadequate presuit investigation into infringement, even though the patent...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 19, 2019

Carlton Fields on

Real Property Update - • Special Tax District Bond Validation: hospital center special tax district could not validate bonds intended to finance the construction of a hospital outside the geographic boundaries established...more

Knobbe Martens

Jury’s Award for Patent Infringement Increased to 3 Million for Infringing Window Blinds Components

Knobbe Martens on

Patent Judgments & Awards - On February 8, 2018, Judge Andrew Guilford of the District Court for Central District of California increased a jury award against Custom Blinds and Components Inc. (“CBC”) for patent...more

Jaburg Wilk

Obtaining Additional Time for a Family Law Hearing: What You Need to Know

Jaburg Wilk on

The Facts - In Reyes v. Neill 1, Division One of the Arizona Court of Appeals addressed the question of whether the Court abused its discretion by failing to permit adequate time for the parties to present testimony and...more

Haight Brown & Bonesteel LLP

Court Confirms Standard for Appellate Opinion Dispositions - “Do Not Hide Elephants in Mouseholes”

In Ducoing Management, Inc. v. Superior Court (filed 2/10/2015 after rehearing, No. G050457), the California Court of Appeal, Fourth District, held that a reversal of a nonsuit judgment "in all other respects" also served to...more

Carlton Fields

Florida Offers Of Judgment: Trending Toward A Less Onerous "Good Faith" Standard

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Florida trial courts have the discretion to disallow an award of attorney’s fees to a litigant that prevails on an offer of judgment, aka proposal for settlement, if the court determines the offer was not “made in good...more

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