News & Analysis as of

Summary Judgment Attorney's Fees

Trust but Verify – When Speculation and Assertion Are Not Enough

In a non-precedential opinion in Gravelle v. Kaba Ilco, Co., [2016-3218] (April 12, 2017), the Federal Circuit affirmed the district court’s finding of summary judgment for Kaba on the grounds that the plaintiff (Gravelle)...more

ERISA Attorney Fee Awards: What Are “Reasonable Hours” for a Plaintiff’s Attorney to Spend on a Summary Judgment Motion?

You already know that courts typically award attorney fees in ERISA cases when the Plaintiff/claimant achieves “some success on the merits.” But does a mere remand constitute “some success on the merits”? Probably yes....more

Real Property & Title Insurance Update: Weeks Ending February 17 & 24, 2017

by Carlton Fields on

Foreclosure: foreclosing bank’s allegation that borrowers were in a continuing state of default sufficient to satisfy five-year statute of limitations even though stated initial default date was more than five years prior to...more

Are All Troll Cases Exceptional?

In Iris Connex, LLC, v. Dell, Inc., [2:15-cv-1915-JRG] (January 25, 2016), District Judge Gilstrap, after granting summary judgment to Dell, awarded attorneys fees, noting Dell’s arguments that Iris Connex’s claim...more

2016 eDiscovery Case Law Year in Review, Part 2

by CloudNine on

As we noted yesterday, eDiscovery Daily published 74 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to admissibility and...more

Real Property & Title Insurance Update: Weeks Ending October 21 & 28, 2016

by Carlton Fields on

REAL PROPERTY UPDATE: Condominium: allocation of square footage within the declaration controls where there is lack of clarity in both the perimetrical boundaries definition and the diagram of the lobby area in question...more

Prevailing RLUIPA Defendant Denied Attorneys’ Fees

This summer, we reported that Genoa Charter Township prevailed in a lawsuit filed by Livingston Christian Schools (LSC), which claimed that the Township violated RLUIPA’s substantial burden provision, the First Amendment to...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19496 - Commission on Human Rights & Opportunities v. Echo Hose Ambulance - The issue of this case was whether or not an unpaid volunteer, in this case for an ambulance...more

STOLI Policies Cancelled, Insurers Retain Premium

by Carlton Fields on

Two federal appellate courts have affirmed, on different grounds, the cancellation of large life insurance policies that were alleged to be stranger originated life insurance (STOLI), permitting the issuing insurers to retain...more

Eleventh Circuit’s Liberal Reading of Bonner Mall a Game Changer for Class Actions?

by Carlton Fields on

An Eleventh Circuit panel recently vacated two district court orders after sending the parties to mediation, and after the parties’ conditioned settlement on vacatur of the orders. In Hartford Casualty Insurance Company v....more

ADA Website Accessibility Cases Continue to Grow

by Bryan Cave on

An increasing number of retailers are facing lawsuits or threats of lawsuits regarding website accessibility under the Americans With Disabilities Act (“ADA”), despite the fact that the ADA and its implementing regulations do...more

Court Affirmed Holding That Trust Owned Real Estate And Was Entitled To Attorney’s Fees

by Winstead PC on

In Courtade v. Estrada, Estrada created an inter vivos irrevocable trust and deeded real estate into the trust. No. 02-14-00295-CV, 2016 Tex. App. LEXIS 3105 (Tex. App.—Fort Worth March 24, 2016, no pet. history). Two days...more

Supreme Court Of Wisconsin: Insurer Breached Duty To Defend And Lost Contribution Rights By Ending Defense After Settling Partial...

by Locke Lord LLP on

The Supreme Court of Wisconsin recently addressed the consequences of an insurer partially settling the underlying plaintiff’s claim for less than its full limit of liability and withdrawing its defense of the insured. The...more

In Recent Decisions, New York And California District Courts Agree That Prevailing Defendants In Copyright Infringement Lawsuits...

by Kelley Drye & Warren LLP on

On March 9, 2016, both the Southern District of New York and the Central District of California awarded attorneys’ fees to defendants in two separate disputes after they successfully moved for summary judgment on the...more

Federal Circuit Backs Finding of Inequitable Conduct in Reexamination of Prosthetics Patent

The Federal Circuit has affirmed a district court’s awarding of attorneys’ fees to Alps South (Alps) based on inequitable conduct by Ohio Willow Wood (OWW) during reexamination of its patent for gel-coated, cushioned socks...more

Does Louis Vuitton’s Loss to a Parody Defense Justify an Award of Attorney Fees?

Earlier this month the Southern District of New York granted the defendant’s Motion for Summary in Louis Vuitton Malletier, S.A. v. My Other Bag , Inc. The fashion giant had brought suit against a California company over its...more

Florida District Court of Appeals Addresses Voluntary Payment By Insurer After Suit Filed

In a recent decision, another Florida District Court of Appeals weighed in on the issue of whether voluntary payment by an insurer after suit is filed is a “confession of judgment” for purposes of awarding the insureds’...more

Defense Wins Motion Regarding Damages in Fernandez v. City of Phoenix

Donald L. Myles, Jr., Lori L. Voepel, Michele Molinario, and Justin M. Ackerman previously obtained a win for the City of Phoenix at the Superior Court of Arizona. Plaintiffs, assignees of former Phoenix police officer...more

Real Property, Financial Services & Title Insurance Update: Week Ending October 16, 2015

by Carlton Fields on

REAL PROPERTY UPDATE - - Foreclosure/Standing: although bank established it had possession of note prior to commencement of action, bank did not demonstrate when blank endorsement was placed on note, nor did it prove it...more

The DIGEST Of Equal Employment Opportunity Law

Agency Processing - Agency Failed to Develop Adequate Record to Make Determination on Claim of Sex Discrimination Based on Gender Stereotype. Complainant alleged that he was subjected to ongoing hostile work environment...more

Frivolous Whistleblower Claim Yields Stiff Sanctions

The New Jersey Appellate Division recently upheld sanctions of more than $191,000 to Sunhillo Corporation (Company) in connection with its defense of claims under the New Jersey Conscientious Employee Protection Act, Fulton...more

No Attorneys’ Fee Award Based On Dismissed Counterclaim - Burford v. Accounting Practice Sales, Inc.

by McDermott Will & Emery on

In an appeal between two parties to a contract for marketing and selling defendant’s accounting practices in various states, the U.S. Court of Appeals for the Seventh Circuit addressed whether the defendant breached the...more

Federal Circuit Review | May 2015

by Knobbe Martens on

Overly Narrow Statement Of Problem Can Show Reliance On Hindsight - In INSITE VISION INCORPORATED v. SANDOZ, INC., Appeal No. 2014-1065, the Federal Circuit held that enunciating an overly narrow statement of the problem...more

April Court Decision Round-Up

by Brooks Kushman P.C. on

Note: Beginning this month, IP Law Tracker will highlight significant intellectual property decisions from the U.S. Court of Appeals for the Sixth Circuit and the U.S. District Courts for the Eastern District of Michigan and...more

Sixth Judicial Circuit Rules in Creditor’s Favor on 559.72(18) Claim Under FCCPA

by Burr & Forman on

A recent opinion issued by the Sixth Judicial Circuit in and for Pasco County, Florida, sitting in its appellate capacity, provides further insight regarding what constitutes a violation of section 559.72(18) of the Florida...more

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