Litigation Fees & Costs

News & Analysis as of

Third Circuit Slams The Door On Coverage For The Cost of Defending Excluded Claims—Then Leaves It Wide Open

An insured corporation settles a class action, and a portion of the settlement pays the plaintiffs’ attorneys. Payments to the class are excluded from coverage under the terms of the corporation’s liability policy. But can...more

Should You Appeal?

The trial is over. Things did not go as had been hoped, and an adverse judgment has been entered. An appeal is a given, right? Not necessarily. Although in most civil cases, there is an automatic right to an appeal from...more

D.C. Circuit Affirms NLRB’s Order to Employer to Reimburse All of Union's Bargaining Expenses as Remedy for Unfair Labor Practices

In HTH Corporation v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the National Labor Relations Board’s attempt to expand the remedies under the National Labor Relations Act for unfair labor practices to...more

Mayimba Music Inc. v. Sony/ATV Latin Music Publishing LLC - USDC, S.D. New York, June 9, 2016

District court awards defendants $400,000 in legal fees in copyright infringement suit over Shakira’s hit song “Loca,” in which plaintiff’s claims were shown to be based on fabricated evidence. In 2012, Mayimba Music...more

Prevailing FLSA Defendant May Recover Costs From Unsuccessful Plaintiff

Last month’s CRST decision by the U.S. Supreme Court raised hopes for employers seeking to recover attorneys’ fees from the EEOC after prevailing in litigation against the agency. Last week, the Eighth Circuit Court of...more

Saffer Fee Shifting and Fee Disgorgement - Who is at Risk?

Twenty years ago, in Saffer v. Willoughby, the New Jersey Supreme Court embarked on a new path for New Jersey jurisprudence by allowing a successful plaintiff in a legal malpractice action to recover as consequential damages...more

D.C. Circuit Rejects NLRB's Award of Attorneys' Fees and Expenses in Unfair Labor Practice Cases

The U.S. Court of Appeals for the D.C. Circuit recently rejected the National Labor Relations Board’s attempt to expand the remedies available under the National Labor Relations Act for unfair labor practices. Building on...more

Nevada Supreme Court Clarifies Extent of HOA Super-Liens

For the past several years, Nevada courts have been flooded with quiet title actions between mortgage lenders and buyers who acquired residential properties at homeowners association (HOA) super-lien foreclosures. Recently,...more

Value Insights: Delivering Value in Labor and Employment Law survey

Proskauer's Labor and Employment Law Department released its Value Insights: Delivering Value in Labor and Employment Law survey, a resource that illuminates current practices and future trends in managing labor and...more

Court Cannot Divide An Offer To Settle

In Sugar Hut Group Ltd & ors v A J Insurance Service [2016] EWCA Civ 46, 3 February 2016, the Court of Appeal over-ruled the High Court’s judgment about how costs should be awarded where a claimant succeeds on only part of...more

Court of Appeal Sustains CPUC's Discretion to Fill Gaps in Statutory Scheme for Intervenor Compensation but Requires CPUC to Limit...

The California Court of Appeal (1st Dist., Div. 4) issued an important decision on April 19, 2016, in New Cingular Wireless PCS, LLC v. Public Utilities Commission, addressing a determination by the California Public...more

Alert: What US GCs Should Know About Litigation Funding in England & Wales

The situation may be a familiar one: a client with a meritorious claim, but insufficient financial resources (or even C-suite support) to pursue matters. In this tip sheet, we explain how the continued growth of litigation...more

California Appeals Court Rejects Insurer’s Reliance on Contractual Escape Clause

According to a closely watched decision, an “other insurance” clause in a comprehensive general liability policy will not, as a matter of public policy, permit the insurer to avoid having to pay a share of the insured’s...more

Delaware Law Updates - Delaware law on advancement of fees incurred by former officers and directors

In a recent Delaware Court of Chancery case - Hyatt v. Al Jazeera America Holdings II, LLC, C.A. No. 11465-VCG - Vice Chancellor Sam Glasscock III of the Delaware Court of Chancery took on a “familiar” issue with a “twist”:...more

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

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

Memorializing Discovery Rulings and Different Judges for Settlement Conferences: Two Proposed Changes to New York’s Commercial...

The New York Supreme Court’s Commercial Division has developed a reputation as a forward-thinking forum at the state level for the resolution of complex business disputes. When possible, the Commercial Division promulgates...more

Blog: Court Of Appeal Approves Third Party Costs Order Against An Insurer

In Legg & Ors v Sterte Garage Ltd and Aviva UK Limited [2016] EWCA Civ 97, the Court of Appeal upheld the first instance decision that a third party costs order made against the defendant insurer was justified in...more

Beware the “Non-Exclusive” Arbitration Clause

“Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than “shall” or “should” be so referred). The Privy Council clarified the nature of these clauses in a recent case but...more

Utah Governor Signs Law Restricting Post-Termination Noncompete Agreements

On March 22, 2016, Utah Governor Gary Herbert signed into law the Post-Employment Restrictions Act (H.B. 251), which limits the duration of post-employment noncompete agreements between employers and employees to a maximum of...more

US District Court in Southern California Rules No Coverage for HIPAA Investigation

The District Court for the District of Southern California was asked to reconsider its prior decision issued on motions for summary judgment in coverage litigation between Millenium Labs, Inc. (“Millenium”), and its insurer,...more

5 ugly truths about patent litigation

Like the namesake for this blog, goats (despite the Internet’s recent affection for them) can be stubborn, less than attractive animals. And along with the horns, beards, and googly eyes, they can pack a mean punch if you...more

Delaware Court Approves Litigation Funding Agreement

The Delaware Superior Court issued a recent decision providing the following guidance to parties regarding how to properly structure litigation finance agreements in order to avoid claims of champerty and maintenance: (i) the...more

What Costs are Recoverable if I win my Case?

Woodland Hills personal injury lawyer Barry P. Goldberg is both careful about incurring costs and spends a significant amount of time explaining how costs work to clients. Clients need to understand what costs they will...more

Prevailing Party Costs Under CCP Section 1032

The California Supreme Court recently held that a plaintiff who obtains a monetary settlement and dismisses the action is the prevailing party entitled to statutory costs under Code of Civil Procedure section 1032. DeSaulles...more

Plaintiff May Recover Statutory Costs After a Voluntary Dismissal

In deSaulles v. Community Hospital of the Monterey Peninsula (H038184, Superior Court No. M85528), the Sixth Appellate District held a plaintiff is entitled to statutory costs as the prevailing party where a voluntary...more

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