Prevailing Party Attorney's Fees

News & Analysis as of

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19384 - State v. Carter - SC19282 - State v. Peeler - Appellate Court Advance Release Opinions: AC37262 - Dumbauld v. Dumbauld - AC37262 Concurrence -...more

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

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

U.S. Supreme Court Hears Oral Argument In EEOC v. CRST Van Expedited, Inc.

Yesterday the U.S. Supreme Court heard oral arguments in EEOC v. CRST Van Expedited, Inc. Involving the largest fee sanction award ever levied against the EEOC – nearly $4.7 million – EEOC v. CRST Van Expedited, Inc....more

Quick Hits: Persuader Rules, Class Action Lawsuits, Prevailing Party, E-mail Phishing

With Opening Day of baseball season nearly upon us, it’s time again to bring back a “Quick Hits” segment to recap a few noteworthy (but not completely post-worthy) employment law items you might have missed recently....more

Truckin’ To The Top Court: CRST Files Final Reply Brief Before Supreme Court Argument Against EEOC

In high-stakes litigation brought by the EEOC against trucking company CRST Van Expedited, Inc., (“CRST”), CRST recently submitted its final reply brief before the U.S. Supreme Court hears oral argument in the case later this...more

Court Awards Costs But Not Attorneys’ Fees

Andrews, J. Defendant’s motion for costs and fees is granted as to costs and denied as to fees. Plaintiff filed an unopposed motion to dismiss after defendant’s suppliers had settled with plaintiff. Defendant moved for...more

Entertainment and Media Litigation Update - February 2016

Be Reasonable: The U.S. Supreme Court Agrees to Review the Standard for Awarding Attorneys' Fees to the Prevailing Party in Copyright Infringement Suits - Why it matters: On January 15, 2016, the U.S. Supreme Court...more

Briefing For The Big Bucks: CRST Asks U.S. Supreme Court For Attorneys’ Fees From The EEOC

EEOC v. CRST Van Expedited, Inc. is a key case for all employers. We have been tracking the developments in this case since its inception. Now it has reached the U.S. Supreme Court on the issue of whether attorneys’...more

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

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

Another Illinois Appellate District Finds Voluntary Release of FOIA Records After Suit is Filed Will Not Avoid the Award of...

Section 11(i) of the FOIA provides “If a person seeking the right to inspect or receive a copy of a public record prevails in a proceeding under this Section, the court shall award such person reasonable attorneys’ fees and...more

New Year, New Laws for Litigators

Did you keep up with the onslaught of legislative developments affecting litigation this year? Don’t worry, here’s a list of some key changes every California litigator needs to know....more

Employment Law - October 2015 #3

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

ERISA — ATTORNEY FEES: What Happens When The Plan And The Insurer Don’t Agree On The Benefit Denial?

You already know that under ERISA the court has discretion to award attorney fees to a party that has “some success on the merits.”...more

North Carolina Court Rules Class Action Settlements Can Award Attorneys’ Fees, but Note of Caution to Local Counsel

The North Carolina Court of Appeals considered for the first time whether it is legal in a class action settlement agreement for one party to agree to pay the other’s attorneys’ fees and expenses. The court concluded that it...more

A Case to Watch: Highway Contractor Appeals $663M False Claims Act Judgment

On August 31, 2015, highway contractors Trinity Industries, Inc. and Trinity Highway Products, LLC (collectively, Trinity) appealed to the U.S. Court of Appeals for the Fifth Circuit a $663,360,750 final judgment entered...more

Can I Get My Legal Fees Back for Having to Defend This Case?

One of the most common questions I get from my clients is whether they can recover their legal expenses for having to defend a meritless case. The short answer is that in most cases, no. That may seem unfair, especially...more

There Can Be Two “Prevailing Parties” in a Single Wage & Hour and Equal Pay Act Lawsuit

On October 14, 2015, the California Second District Court of Appeal held in Sharif v. Mehusa, Inc. that both the employee and the employer can be deemed “prevailing party” for purposes of recovering attorneys’ fees under the...more

Settlement – Recovering Costs Under CCP § 998 – Multiple Defendants’ Settlement Offer

Brian Kahn v. The Dewey Group, et al. - California Court of Appeal, Second Appellate District (September 8, 2015) - Code of Civil Procedure section 998 (§ 998) is a tool that allows litigants to further settlement...more

[Webinar] Making Them Pay: Winning Attorney Fees in Patent Litigation - Oct. 8th, 12:00pm EDT

In most litigation, each party pays its own attorney fees and costs, regardless of the outcome of the case. The Patent Act of 1952, however, allowed for an award of fees to the prevailing party in patent litigation in...more

Attorneys Fees Under California’s Prompt Payment Statutes. Contractor’s “Win” Fails the Sniff Test

This past month, the California Court of Appeals for the Third District, in  James L. Harris Painting & Decorating, Inc. v. West Bay Builders, Inc., Case No. C072169 (August 27, 2015), handed down a decision in a construction...more

What Happened to My Prevailing Party Attorneys' Fees Claim Against My Tenant?

Many leases contain a provision that the “prevailing party” in any litigation between the landlord and its tenant is entitled to recover all of its legal costs, including attorneys’ fees. However, that provision does not...more

Court Throws Wet Blanket On Prime Contractor's Attorneys' Fees Request In Prompt Payment Case

In James L. Harris Painting & Decorating, Inc. v. West Bay Builders, Inc., et al. (No. C072169, filed 8/27/15), the California Court of Appeal for the Third Appellate District upheld the trial court's discretion to not award...more

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

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

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