News & Analysis as of

Fee Awards

Farrell Fritz, P.C.

Commercial Division Grants Award of Attorneys’ Fees, Despite Omnibus Objections Aimed to the Reasonableness of Services

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Lawyers practicing in the Commercial Division are keenly aware of issues related to attorneys’ fee awards in commercial cases.  Commercial agreements commonly contain a provision awarding attorneys’ fees to a prevailing party...more

Kilpatrick

Eighth Circuit enters attorneys’ fee fray in declaring fee award a windfall

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Takeaway: Courts are continuing to take a hard look at class action fee awards, and in In re T-Mobile Customer Data Security Breach Litigation, --- F.4th ----, 2024 WL 3561874 (8th Cir. July 29, 2024), the Eighth Circuit...more

Bass, Berry & Sims PLC

False Claims Act Decisions to Know from Q2 2024

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In case you missed it, this post recaps some key False Claims Act (FCA) decisions and case updates from the second quarter of this year. Courts weighed in on the FCA’s anti-retaliation provision, its first-to-file bar, and...more

ArentFox Schiff

Federal District Court Declines to Award ‘Bad Faith’ Fees for Party’s Failure to Sufficiently Identify Trade Secrets in Federal...

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Earlier this year, a federal district court judge in the Western District of North Carolina declined to award “bad faith” attorney’s fees under the Defend Trade Secrets Act (DTSA). See Design Gaps, Inc. v. Hall, No....more

McAfee & Taft

Attorney fee awards in Oklahoma: More than just a number

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Whether you’re considering a move for—or defending against—an attorney fee award, it’s crucial to be aware of the Oklahoma Supreme Court’s recent decision in Fleig v. Landmark Constr. Grp., 2024 OK 25. In Fleig, the Supreme...more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts

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Welcome to the inaugural edition of Classified Monthly: A Roundup of Class Action Decisions from Federal Appellate Courts.   The Roundup normally will arrive in your inbox the first week of each month and will cover the...more

Marshall Dennehey

No Independent Right to Attorney’s Fees Under Fla. Stat. 627.70152

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Key Points: A dispute over attorney’s fees alone cannot be the trigger for a lawsuit or a fee award under Fla. Stat. § 627.70152. Fla. Stat. § 627.70152 does not create a separate and independent right to attorney’s fees....more

Woodruff Sawyer

Will the Dell Plaintiff Attorney Fee Award Incentivize Lawsuits in Delaware?

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Students of D&O litigation know that the plaintiffs’ bar works on a contingency basis. While some may bemoan this fact, the structure does create a set of clear incentives for rational economic actors. Plaintiff attorneys,...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Slashes Exorbitant Attorney’s Fee Award That Would “Make the Average Person Shake Her Head in Disbelief”

The Ninth Circuit recently struck a blow against plaintiffs’ attorneys’ ability to recover handsome attorney’s fee awards in class action settlements when there is little actual benefit to the class. In Lowery v Rhapsody...more

McGuireWoods LLP

Ninth Circuit Reverses Award of Attorneys’ Fees More than 30 Times Greater than Amount Received by Class Members

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In Lowery v. Rhapsody International, Inc., —F.4th—, 2023 WL 3857499 (June 7, 2023), the Ninth Circuit Court of Appeals recently reversed an award of attorneys’ fees to class counsel that was more than thirty times the amount...more

Holland & Knight LLP

Ninth Circuit Affirms That Class Action Settlement Was Not a "Coupon Settlement"

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The U.S. Court of Appeals for the Ninth Circuit in McKnight v. Hinojosa, No. 21-16623, 2022 WL 17333820 (9th Cir. Nov. 30, 2022) considered whether the proposed class action settlement was a "coupon settlement" and therefore...more

McDermott Will & Emery

Fee Award Appropriate for Trying to Refresh and Replay Case

The US Court of Appeals for the Federal Circuit upheld an attorneys’ fees award after the patent owner brought successive patent infringement suits attempting “to refile to wipe the slate clean” after the first court was...more

White and Williams LLP

MA SJC Rules Attorney’s Fees Awarded Under G. L. c. 93A Are Not Covered by Liability Policy

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In Vermont Mutual Insurance Company v. Poirier, the Massachusetts Supreme Judicial Court (SJC) ruled that attorney’s fees awarded under M.G. L. c. 93A are not covered by a Businessowner’s Liability Policy, because such fees...more

McGuireWoods LLP

Seventh Circuit Vacates 25% Attorneys’ Fee Award

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The 7th Circuit recently vacated a 25% attorneys’ fee award in In re Stericycle Securities Litigation, No. 20-2055, 2022 WL 1564997, at *1–14 (7th Cir. May 18, 2022). The Court’s reasoning focused on the previous litigation...more

Blank Rome LLP

Zealous Advocacy and Counsel Fee Awards in Divorce: A Hazardous Relationship

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This author has reached a point in his career where, if you were to ask me what my opinion is about the law on counsel fee awards in divorce in New York, my answer would be short and sweet, quoting a 1980s Hollywood film. ...more

Fox Rothschild LLP

Can You Pass Go with a Fee Award?

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Back in November, I wrote about the possibility of a fee award being immediately appealable if the amount in question is significant enough. In the latest batch of opinions from the Court of Appeals, that issue reared its...more

Morris James LLP

Chancery Awards $9.5 Million Mootness Fee for Reduction of Voting Control and Other Benefits

Morris James LLP on

Hollywood Firefighters Pension Fund v. Malone, C.A. 220-0880-SG (Nov. 8, 2021) - A plaintiff may be entitled to a mootness fee if it shows that its action had merit and produced a corporate benefit. This case outlines the...more

Akin Gump Strauss Hauer & Feld LLP

Despite Its Allure, Litigation Funding Is Just ‘The Cost of Doing Business’ for Class Counsel

A federal district court rejected a novel request from class counsel for reimbursement of counsel’s litigation funding expenses. According to the court in Perez v. Rash Curtis & Assoc., No. 16-03396 (N.D. Cal. October 1,...more

Shutts & Bowen LLP

No Need to Panic—Attorney Fee Provisions in Florida Are Safe

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Earlier this month in Levy v. Levy, No. SC20-1195, 2021 WL 4614308 (Fla. Oct. 7, 2021), the Supreme Court of Florida issued a ruling that section 57.105(7) of the Florida Statutes did not apply to the attorney’s fee provision...more

Morris James LLP

Court of Chancery Denies Lead Plaintiff’s Application for Incentive Fee from Overall Fee Award

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Morrison v. Berry, C.A. No. 12808-VCG (Del. Ch. July 12, 2021) - Delaware courts generally do not award special compensation to lead plaintiffs in class action litigation. Delaware courts typically limit awards to...more

Patton Sullivan Brodehl LLP

A Dissolved LLC Can Still Recover Attorney Fees

An LLC Jungle post from last year addressed the issue of whether derivative claims can be pursued for a dissolved LLC.  See: Can Derivative Claims be Pursued for a Dissolved or Cancelled LLC?  The short answer is “yes.”...more

Fox Rothschild LLP

Counsel Fee Awards For Child-Related Litigation Can Be Qualified As Support To Restrain The Obligor Discharging The Obligation In...

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We previously blogged about the Bisbing matter with respect to the precedent-setting decision that modified the standard for a custodial parent seeking to relocate with the minor children outside of the State of New Jersey,...more

Dechert LLP

Ninth Circuit: Class Action Settlement Not “All Right, All Right, All Right”

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Key Takeaways - The Ninth Circuit holds that, following changes to Rule 23(e), the Bluetooth factors for fairness of pre-certification class action settlements also apply to post-certification settlements....more

Patterson Belknap Webb & Tyler LLP

Judge Oetken Rejects Fee Award Despite Plaintiff’s Failure to Prove Standing

On March 5, 2021, the Federal Circuit affirmed U.S. District Judge J. Paul Oetken’s (S.D.N.Y.) order dismissing the remaining claims of plaintiff Bobcar Media, LLC (“Bobcar”).  On March 30, 2021, Judge Oetken denied a motion...more

BakerHostetler

Eleventh Circuit Upholds Small Fee Award in FLSA Case

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When is a win not a win? One ace in the hand of plaintiffs’ counsel in Fair Labor Standards Act (FLSA) litigation (as well as claims under Title VII, the Americans with Disabilities Act or the Age Discrimination in Employment...more

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