News & Analysis as of

Fee Awards

Supreme Court Decides Goodyear Tire & Rubber Co. v. Haeger

by Faegre Baker Daniels on

On April 18, 2017, the United States Supreme Court decided Goodyear Tire & Rubber Co. v. Haeger, No. 15-1406, holding that when a federal court exercises its inherent authority to sanction bad-faith conduct by ordering a...more

The Supreme Court Addresses Legal Fee Calculations for Discovery Abuse

by Reed Smith on

Charges of discovery abuse get thrown around frequently in product liability litigation. We have not done a scientific survey, but we guess that such charges are levied against the manufacturer defendants more often than...more

Case Dismissed! Do Not Pass Go, Do Not Collect Your $1 Million

by Robins Kaplan LLP on

Following dismissal of a bankruptcy case, what is the bankruptcy court’s authority to enforce an award for attorneys’ fees? While you might think that the bankruptcy court retains authority to enforce its own orders, a recent...more

"Forward Momentum: Trulia Continues to Impact Resolution of Deal Litigation in Delaware and Beyond"

Throughout the second half of 2015, the Delaware Court of Chancery began questioning its long-standing practice of approving deal litigation settlements involving broad releases for defendants in exchange for disclosure (or...more

Court Of Chancery Awards Fee In Mootness Case

by Morris James LLP on

Now that disclosure-only settlements seem almost a thing of the past, so-called “mootness” fee awards or settlements may become more common. These occur when the corporation moots the claim by doing what the plaintiff says...more

California Supreme Court Approves Attorney Fee Awards Calculated Based Upon Percentage of Class Action Common Fund

In Laffitte v. Robert Half International Inc., No. S222996 (Aug. 11, 2016), the California Supreme Court held, in an employment class action lawsuit, that when attorney fees are awarded to class counsel from a common fund,...more

Alleged Mortgage Modification and Debt Relief Scammers to Pay FTC $13.5 Million

by Klein Moynihan Turco LLP on

Last week, the Federal Trade Commission (“FTC”) announced that the United States District Court for the Middle District of Florida had granted a summary judgment motion against various businesses, law firms and individuals...more

Court Orders Additional Notice to Class Regarding Counsel’s Request for Fees Based on Work Performed Following Initial Fee Award

by Carlton Fields on

The Northern District of Illinois vacated its grant of fees to class counsel for work performed following an initial fee award, finding that Rule 23(h) required notice to the class regarding counsel’s new fee request, even...more

Court Affirms Order Denying An Administrator’s Attorney’s Fees

by Winstead PC on

In In re Estate of Williams, attorney Don Ford was appointed an administrator of an estate and hired himself as an attorney for the estate. No. 05-15-00392-CV, 2016 Tex. App. LEXIS 5990 (Tex. App.—Dallas June 6, 2016, no pet....more

Supreme Court Provides Guidance on Discretionary Fee-Shifting in Copyright Cases

On June 16, 2016, the U.S. Supreme Court clarified how courts should exercise their discretion to award attorneys' fees to the prevailing party in copyright cases. The Court unanimously held that courts should give...more

Supreme Court Clarifies Test for Fee-Shifting in Copyright Cases

by BakerHostetler on

The Supreme Court on June 16 issued a unanimous ruling clarifying the test for awarding attorneys’ fees to successful copyright litigants. The decision, in Kirtsaeng v. John Wiley & Sons, Inc., is sure to have lasting impact...more

U.S. Supreme Court Clarifies Standard for Awarding Attorneys’ Fees to Successful Copyright Litigants.

by Genova Burns LLC on

On June 16, 2016, the U.S. Supreme Court in a unanimous decision, clarified the standard for awarding attorneys’ fees under the Copyright Act. This is the second time the case of Kirtsaeng v. John Wiley & Sons, Inc, No....more

Righting Copyright Wrongs Remains Elusive – Kirtsaeng Leaves Fee Awards to District Court Discretion

On June 16, the U.S. Supreme Court’s decision in Kirtsaeng v. John Wiley & Sons Inc., No. 15-375, resolved a circuit court split by reaffirming the test district courts should use to determine whether to award attorney’s fees...more

The U.S. Supreme Court Clarifies Standard for Award of Attorneys’ Fees in Copyright Cases

by Dorsey & Whitney LLP on

On June 16, 2016, the U.S. Supreme Court handed down an important decision regarding when the prevailing party in a copyright lawsuit is entitled to recover attorneys’ fees and costs. The Copyright Act provides that “the...more

Settle and Pay? The California Supreme Court Says, “Yes.”

by Hinshaw & Culbertson LLP on

A plaintiff who voluntarily dismisses a lawsuit after entering into a monetary settlement may be a “prevailing party” entitled to costs and fees under California law. deSaulles v. Community Hospital of the Monterey...more

Context Is Everything: Evaluating Different Approaches Toward Attorneys’ Fees Awards Under Copyright Act in Light of Supreme Court...

by WilmerHale on

The Supreme Court will soon hear oral arguments on standards for awarding attorneys’ fees to the winner of a copyright dispute. Currently there are at least three different test being applied by federal courts. Data analysis...more

Court Of Chancery Explains When A Fee Award Is Timely

by Morris James LLP on

Avaya Inc. v. Charter Communications Holding Company LLC, C.A. 10568-VCN (January 29, 2016) - Normally, the Court of Chancery does not favor fee applications before the litigation is completed....more

The Next Copyright “Fantasy” is Headed to The Supreme Court

by Dorsey & Whitney LLP on

The last time the U.S. Supreme Court tackled the issue of attorneys’ fees under the Copyright Act was in Fogerty v. Fantasy. In that case, John Fogerty was sued for alleged copyright infringement over his song “The Old Man...more

Court Finds Case Exceptional And Orders Submission Of Proposed Fee Award

by Morris James LLP on

The court finds that defendant has not established a need for deterrence as a factor in declaring this case exceptional. However, plaintiff’s assertion of infringement by seven additional vehicles two hours before the close...more

Court Awards $11.7M in Attorneys’ Fees In Fund Mapping Case

The court in Tussey v. ABB Inc., No. 2:06-cv-04305 (W.D. Mo. Dec. 9, 2015), a long-running suit alleging that ABB failed to monitor recordkeeping fees and improperly mapped participants’ investments (previously reported on...more

SCOTUS Didn’t Eat EEOC’s Homework

by Sherman & Howard L.L.C. on

Less than two weeks ago, the U.S. Supreme Court agreed to hear a case in which the trial court awarded attorneys’ fees against the EEOC for some $4.7 million. (SCOTUS Benchslap For EEOC On the Way?) While the case is now...more

Seventh Circuit Affirms Approval of Class Action Coupon Settlement Despite “Clear Sailing” and “Kicker” Clauses and Potential...

by Carlton Fields on

The Seventh Circuit affirmed a class action coupon settlement involving “clear sailing” and “kicker” clauses and a fee award based on the lodestar analysis rather than the value of the redeemed coupons, and notwithstanding a...more

Seventh Circuit Provides Guidance On Fairness Of Class Action Settlement Agreements And Fee Awards

by Seyfarth Shaw LLP on

In In Re Southwest Airlines Voucher Litigation, Case No. 13-3264 (7th Cir. Aug. 20, 2015), the U.S. Court of Appeals for the Seventh Circuit upheld a fee award to class counsel in a class action that resulted in a “coupon...more

Adverse Costs in Pro Bono Litigation: the SCC Weighs In

by Bennett Jones LLP on

Réjean Hinse was wrongfully imprisoned for 15 years for a crime he didn’t commit. Though he was granted parole, he was only acquitted after 30 years and a successful appeal to the Supreme Court of Canada. Hinse sued the...more

Court Of Chancery Explains Recent Fee Award Ranges

by Morris James LLP on

First, it explains the reasoning behind the percentages awarded in fees of the recovery won by a successful plaintiff firm. Second, it instructs counsel on how to present their fee request, particularly with respect to the...more

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