Fee Awards

News & Analysis as of

Yes, Virginia, It Is Possible To Win A Fee Award Against An Environmental NGO

Last week, Judge Walter Smith, Jr., ordered the Sierra Club to pay more than six million dollars – yes, you read that correctly – to Energy Future Holdings and Luminant Generation, after finding that the Sierra Club’s Clean...more

Getting Your Fees Along the Way

Can’t wait until you win the case to get your attorney fees? Consider seeking an interim fee award based on your success along the way. Awarding interim fees (i.e., a fee award made before the case is completed) is an...more

Should Employers Sue to Recover Attorney’s Fees After Winning a Lawsuit?

Unfortunately, the usual answer is no. After being sued by an employee for discrimination without a scintilla of evidence to support the claim, clients often ask “Can we countersue the employee for attorney’s fees?”...more

Man bites dog: recovering attorney’s fees from vexatious employees

California has a reputation for employment litigation: it is the state where everyone seems to feel obliged to sue their boss for something. While some suits have merit and others are understandable, there are suits...more

Supreme Court to Hear Oral Arguments in Attorney Fee Shifting Cases

As we have reported over the past couple of weeks, the Supreme Court will hear arguments in two cases involving the attorney fees provision of 35 U.S.C. § 285 on Wednesday, February 26. That statute provides that a "court in...more

Supreme Court to Hear Oral Arguments in Attorney Fee Shifting Cases

As we have reported over the past couple of weeks, the Supreme Court will hear arguments in two cases involving the attorney fees provision of 35 U.S.C. § 285 on Wednesday, February 26. That statute provides that a "court in...more

Recent Delaware Chancery Transcripts Emphasize That Materiality Is Key To Fee Awards In Disclosure-Based M&A Settlements

Some corporate practitioners could have the impression that significant fee awards are granted as a matter of course in M&A class action litigation, even where the results obtained by class counsel were supplemental (and...more

Court of Appeals Dismisses Plaintiffs for Failure to Preserve and Increases Defendant’s Taxable Costs (5th Circuit)

Moore v. Citgo Co., LP, 735 F.3d 309 (5th Cir. 2013). In this appellate Fair Labor Standards Act litigation, the class of plaintiffs sought overtime pay for work hours that had been misclassified by the defendant...more

You Can't Always Get What You Want: D. Mass. Awards Small Fraction Of Requested Attorneys' Fees In ZIP Code Class Settlement

In an opinion reminiscent of the famous Rolling Stones song, Judge Richard Stearns on December 26th awarded plaintiffs' class counsel fees of $75,959.00 of a requested amount of $450,000 for work performed in connection with...more

Contractual Attorney Fee Provisions: Words Matter

This blog entry provides an analytical metric for double-checking assumptions about application of Civil Code section 1717 and contractual attorney fee awards. As the case law demonstrates, it is easy to misapprehend how and...more

Show Your Work!—The Ninth Circuit Affirms That Courts Must Explain the Math Behind the Calculation of Attorneys’ Fees

It’s an often-repeated adage of high school math teachers: show your work. In three decisions in 2013, the Ninth Circuit has demonstrated that Courts must follow this principle in calculating awards of attorneys’ fees....more

Sixth Circuit Approves Fee Award Against the EEOC for Meritless Criminal Record Action

A divided Sixth Circuit panel affirmed the district court decision in EEOC v. Peoplemark, Inc., (Case No. 11-2582) assessing fees and costs against the Equal Employment Opportunity Commission (“EEOC”) totaling $751,942.48 for...more

A Costly Change: Violation Of a Non-Solicitation Clause Results In a Multi-Million Dollar Award

A recent ruling entered in Pennsylvania state court is a stark reminder to employers and employees about the dangers associated with violating post-employment restrictive covenants such as non-compete and non-solicitation...more

Unsuccessful Litigant Still Wins Fees Under Vaccine Injury Act

In Sebelius v. Cloer, the United States Supreme Court decided a closely watched attorney fee case arising under the National Childhood Vaccine Injury Act of 1986 (“the Act”). That Act established a no-fault compensation...more

HP Inkjet Printer Litigation: Fee Award Fails to Comply With Provisions of the Class Action Fairness Act

In In re: HP Inkjet Printer Litigation, 2013 DJDAR 6149 (2013) the Ninth Circuit Court of Appeals reversed the approval of an attorney's fee award. The Ninth Circuit concluded that the fee award did not comply with the...more

Updated Version "The Texas Anti-SLAPP Statute: Issues for Business Tort Litigation," by Mark C. Walker, 7th Annual Bill of Rights...

In this issue: - Table Of Contents - Table Of Authorities - I. Introduction. - II. Texas Citizens Participation Act: What is it? - A. Background and Enactment of the TCPA. - 1....more

District Courts "Must Show Their Work" and Provide Detailed Figures when Deciding Fee Awards

In Padgett v. Loventhal, U.S.C.A. 9th, DAR p. 1933 (Feb. 11, 2013), the Ninth Circuit Court of Appeals decided District Courts must explain how they reduce requests for fees and costs from partially victorious plaintiffs. ...more

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