Prevailing Party

News & Analysis as of

CCP § 998 Offers: Court Clarifies Entitlement to Costs in Multi-Party Cases

David Litt v. Eisenhower Medical Center, et al. - Court of Appeal, Fourth Appellate District (June 19, 2015) - The purpose of California Code of Civil Procedure (“CCP”) § 998 is to encourage the settlement of...more

House Committee Advances Patent Reforms Aimed to Curb Patent Litigation Abuses

On June 11, 2015, the House Judiciary Committee voted 24-8 to approve the Innovation Act of 2015, a bill aimed to curb abusive litigation by so-called patent trolls. "Today in this committee, we are taking a pivotal step...more

New Jersey Supreme Court Holds Award of Counsel Fees to “Successful Claimant” in Coverage Dispute is Not Contingent Upon Award of...

On May 7, 2015, in Occhifinto v. Olivo Constr. Co., LLC, 2015 N.J. LEXIS 508 (2015), the Supreme Court of New Jersey considered whether a party who prevailed against an insurer in a declaratory judgment coverage but did not...more

Contractual Provisions Can Aid in the Recovery of Attorney’s Fees, But Consider the Unintended Consequences

Although the “American Rule” provides that each side pay its own attorneys’ fees, if your dispute arises from a contractual relationship, a “prevailing party” provision or indemnification clause may obligate one of the...more

When All Else Fails, Look to Fee-Shifting Statutes to Recover Attorney’s Fees

Your company is considering a lawsuit. Or maybe you’ve just been served with a summons and complaint. You’ve evaluated the strengths and weaknesses of the claims, and you’re confident that, when the case ends, you’ll be the...more

Even if You Lose You May Win (Attorneys’ Fees That Is)

In New Jersey, if a policyholder is required to sue its insurance company for coverage, Court Rule R.4:42-9 allows a policyholder to recover attorneys’ fees if it is successful in obtaining coverage. The purpose of this...more

Attorney’s Fees Awarded in “Nonsensical” Trade Secrets Case - Cypress Semiconductor Corp. v. Maxim Integrated Products, Inc.

Upholding an award of more than $180,000 in attorneys’ fees under the California Uniform Trade Secret Act (CUTSA) for bringing a bad faith misappropriation claim, the California Court of Appeal found that “Cypress filed a...more

Trial Court's Discretion to Award Costs to Prevailing Defendant in FEHA Action Is Subject to Christiansburg Standard

The California Supreme Court held that a prevailing defendant in an action under the Fair Employment and Housing Act (FEHA) (Govt C §§12900–12996) is entitled to an award of costs only in the discretion of the trial court...more

California Supreme Court Makes It Harder For Prevailing FEHA Defendants To Recover Their Costs

Under section 1032(b) of the California Code of Civil Procedure, “a prevailing party is entitled as a matter of right to recover costs in any action or proceeding” unless some statute expressly says otherwise. It has been...more

Prevailing FEHA Defendant Not Entitled To Litigation Costs Unless Plaintiff’s Lawsuit Lacked Objective Basis

The California Supreme Court in Williams v. Chino Valley Independent Fire District affirmed the asymmetrical nature of litigation costs awards in discrimination lawsuits under the California Fair Employment and Housing Act...more

ERISA (3rd Circuit): Even a Voluntary Settlement Can Mean “Some Success on the Merits” When Awarding Attorney Fees?

You know that a court has discretion to award attorney fees under ERISA if a party shows “some degree of success on the merits.” But how do you define “success”? A new third circuit case reminds one of that old Milton...more

Fenwick Employment Brief - May 2015

EEOC Conciliation Efforts Subject To Limited Judicial Review - In Mach Mining, LLC v. EEOC, the United States Supreme Court held that the conciliation efforts of the Equal Employment Opportunity Commission (EEOC) are...more

LLCs Not Subject To Texas Attorney Fee Statute ... For Now

In a matter of first impression, the United States District Court for the Northern District of Texas recently held that Section 38.001 of the Texas Civil Practice and Remedies Code — the statutory provision allowing a...more

Employers Who Prevail in FEHA Cases Cannot Recover Costs Unless the Employee’s Claims Are Frivolous, Unreasonable, or Groundless

In Williams v. Chino Valley Independent Fires District, (No. S213100, en banc, filed 5/4/15) (Williams), the Supreme Court of California held a prevailing defendant in an action under the California Fair Employment and...more

Recover Flat Fees (or Not) As Prevailing Party in Patent Litigation

We have entered a new era where the prevailing party in a patent litigation has much better odds of recovering their attorney fees. “Until recently, winning hasn’t felt much like winning, particularly for defendants.” (Judge...more

Data Shows Spike In Patent Attorney Fee Motions And Awards After Octane

Prior to last year’s Supreme Court decisions in Octane Fitness LLC v. Icon Health & Fitness, Inc, 134 S. Ct. 1749 (2014) and Highmark, Inc. v. Allcare Health Mgmt. Sys., 134 S. Ct. 1744 (2014), district courts awarded...more

A “Solution” in Search of a Problem? The Innovation Act of 2015 and Trends in Fee-shifting in Patent Litigation

On February 5, 2015, Rep. Robert Goodlatte (R-VA) introduced H.R. 9, entitled the “Innovation Act.” Among other things, the bill would direct courts to award attorneys’ fees and litigation-related expenses to prevailing...more

SLAPP’d in Orange County: Court of Appeal Confirms Right to Recover Post-Judgment Fees

California has an anti-SLAPP law that protects defendants from lawsuits brought to chill their First Amendment rights. The anti-SLAPP law, Code of Civil Procedure, section 425.16, provides “for the early dismissal of...more

Design Patent Case Digest: Robinson v. JoeyBra LLC

Decision Date: May 8, 2013 and June 3, 2014 Court: W.D. Virginia - Patent: D448,541 - Holding: Plaintiff’s motion for reconsideration of order denying preliminary injunction - DENIED. Defendant’s motion for...more

A Judgment Cannot Not Lie Against Attorney Who is a Non Party

In Suarez v. City of Corona, 2014 DJDAR 12101, the California Court of Appeal for the Fourth Appellate District decided an interesting case concerning the interpretation of California Code of Civil Procedure Section 1038....more

Federal Circuit Addresses Plethora of Issues in Affirming $19.5 Million Damage Award

SSL Services, LLC v. Citrix - The U.S. Court of Appeals for the Federal Circuit, in an opinion that broached issues of claim construction, non-infringement, willful infringement, invalidity, the legal implications of a...more

Settlement Agreements: Forgetting Costs May Cost You in California

DeSaulles v. Community Hospital of the Monterey Peninsula, No. H038184 (May 2, 2014): A California Court of Appeal recently considered the issue of whether one of the parties in a litigation can be considered to be...more

Settlement Agreement Silent On "Costs" Leads To Prevailing Party Award

In deSaulles v. Community Hospital of the Monterey Peninsula, 2014 DJDAR 5571 (2014), the California Court of Appeal for the Sixth Appellate District decided that a prevailing party was entitled to costs, despite the fact...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

Fee Award to Prevailing Employer in Certain Actions Requires Employee Bad Faith

Existing law, with certain exceptions, requires a court in any action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions, to award reasonable attorneys' fees and costs to...more

42 Results
|
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×