Attorney's Fees

News & Analysis as of

Is a Memorandum of Costs required in addition to a Fee Petition?

In Kaufman v. Diskeeper Corp., 2014 DJDAR 11468, the California Court of Appeal for the Second Appellate District decided an interesting case involving the interplay of a filed Memorandum of Costs and a related Petition to...more

Construction Case Law Update - November 2014

Personal Injury Liability, Design Standards, Slavin Doctrine, and Certorari Jurisdiction – Certiorari jurisdiction can arise where two parties in the same legal position move for summary judgment under the same theory...more

Motions for fees by victorious patent defendant and by plaintiffs counsel both denied.

Rates Technology Inc. v. Broadvox Holding Company, LLC, et al. Case Number: 1:13-cv-00152-SAS - In June 2014, Judge Scheindlin dismissed Rates’s patent infringement against Broadvox, as Rates’s counsel,...more

Texas Supreme Court weekly orders (11/14)

In its weekly orders (11/21/14), the Texas Supreme Court issued five new opinions and granted review in three cases. Click here to read the order list and find the opinions....more

Insurance Recovery Law -- November 2014 #2

South Carolina Court Holds That Absent Substantial Prejudice, Late Notice Does Not Bar Insurer’s Coverage Obligations - Why it matters: A federal court in South Carolina ruled that absent a showing by an insurer...more

California Federal Court Dismisses CERCLA Claims and Strikes Request for Attorneys’ Fees

In N. Cal. River Watch v. Fluor Corp., __F.Supp.3d__, 2014 WL 4954638 (N.D. Cal. Oct. 2, 2014), a Northern California district court dismissed Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”)...more

Magistrate Gorenstein recommends changing trebled damages to defaulting defendant, but no attorney’s fees.

Keystone Global LLC v. Auto Essentials Inc., et al. Case Number: 1:12-cv-09077-DLC-GWG - Keystone alleged that Decor Essentials infringed two patents, U.S. Patents Nos. 7,866,715 (“Protective vehicle cover”) and...more

Octane Fitness Changes the Landscape for Trademark Cases Too

Fair Wind Sailing, Inc. v. Dempster - Addressing for the first time the application of the Supreme Court decision in Octane Fitness to trademark cases, the U.S. Court of Appeals for the Third Circuit held that a...more

N.C. Appellate Court Speaks On Attorney Fee Recovery Law Applicable to Local Governments

In 2011, the North Carolina General Assembly enacted the following statute allowing payment of attorney fees in the face of certain local government acts...more

Don’t Slip Up: The “Boilerplate” Provisions of Your Contracts Deserve Equal Attention

No one would knowingly pay little heed to such a potentially treacherous condition, yet every day in contract negotiation parties devote the vast majority of their efforts to the business terms, while glossing over the...more

California Appellate Court Rejects Class Action Settlement Due to Excessive Attorney Fees

Pigs get fat and hogs get slaughtered, so the saying goes. As we’ve noted before on Oct. 7, June 5, and Dec. 18, courts are starting to examine attorney fee awards in class action settlements much more closely, and the...more

Judge Sweet trims award of attorney’s fees because of block billing and claims for fees for a non-compulsory defense; issues final...

Touchtunes Music Corp. v. Rowe International Corp., Arachnid, Inc., et al. October 21, 2014 - Case Number: 1:07-cv-11450-RWS - Judge Sweet, having previously found this case to be exceptional, awarded...more

IP News You Need to Know - November 2014

In This Presentation: - USPTO POST-GRANT PROCEEDINGS: LESSONS LEARNED AFTER 2 YEARS - Rationales for Denial of Petition - Rationales for Claims Surviving Final Decision - Considerations for Multi-Forum...more

In denying attorney’s fees under 35 U.S.C. § 285, Judge Buchwald reviews post-Octane decisions.

Dr. Paula Small v. Implant Direct MFG. LLC d/b/a Implant Direct, LLC - Case Number: 1:06-cv-00683-NRB - In 2013, defendants won summary judgment on two dental implant patents. One patent was found invalid...more

The NC Business Court Rules On Recovering Attorneys' Fees In A Derivative Action Against An LLC

In this week's opinion in Ekren v. K&E Real Estate Investments, 2014 NCBC 56, Judge Bledsoe outlined how a derivative action plaintiff can recover attorneys' fees....more

Pennsylvania Superior Court Declines To Award Counsel Fees In Custody Case

In September 2, 2014, in Chen v. Saidi, the Pennsylvania Superior Court reviewed a trial court's order relating to a nine year history of legal disputes between a mother and a father. The trial court awarded $5,000 in...more

In re TPC Group Inc. S'holders Litig., C.A. No. 7865-VCN (Del. Ch. Oct. 29, 2014) (Noble, V.C.)

In this letter opinion, the Court of Chancery denied plaintiffs’ application for an award of attorneys’ fees and held that plaintiffs’ class action litigation was not the cause of the increase in the merger price achieved...more

Counsel Fees Statute Analyzed by Court in Child Custody Case

When the new Custody Act was passed in 2011, practitioners welcomed the statute authorizing the award of counsel fees, costs and expenses, as the statute provides that a court may award reasonable interim or final counsel...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending October 24, 31 & November 7, 2014

REAL PROPERTY UPDATE - - Commercial Landlord Duty: commercial landlord has no common law duty to provide automatic external defibrillator in its stores for use in medical emergency – Verdugo v. Target Corp., No....more

NY Court of Appeals upholds $44 million contingency fee for 5 months work, concluding that to assess fairness would be “dangerous...

The New York State Court of Appeals has ruled that a contingency fee agreement that netted Graubard Miller $44 million for five months' work was valid and enforceable. According to the court, the law firm took substantial...more

Judge Posner’s Scathing Critique of a Proposed Coupon Settlement

The topic of potential self-dealing in class action settlements has been written about extensively. While class counsel may be fully aligned with the class in seeking to maximize the settlement, their interests diverge...more

An Employer Who Didn't Bother To Get Workers' Compensation Insurance

When an injured employee discovered his employer, Hilton Head Housecare, didn’t have workers’ compensation insurance, the North Carolina Industrial Commission fined the company and owner, ordered them to pay the employee the...more

Judge Posner Orders Sherlock Holmes Estate to Pay Attorneys’ Fees for “Form of Extortion”

Klinger v. Conan Doyle Estate, Ltd. - In another scathing opinion against the Sherlock Holmes estate, Judge Richard A. Posner ordered the estate to pay attorneys’ fees for bringing “nonexistent copyright claims” as a...more

"Bridging the Finality Gap: Getting Appeals of the Merits and Attorneys' Fees on the Same Track"

In 1988, Seventh Circuit Judge Richard Posner observed, with characteristic flair, that litigation over attorneys’ fees “has become a heavy burden on the federal courts... It can turn a simple civil case into two or...more

Blog: Should Attorneys Be Paid for Litigating Their Fee Requests? Supreme Court to Decide if Fee Defense Is a ‘Cost of Doing...

In a decision that will have profound implications for insolvency professionals of all types, the U.S. Supreme Court has agreed to hear an appeal of the 5th U.S. Circuit Court of Appeals’ decision that Section 330 of the U.S....more

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