News & Analysis as of

Jurisdiction Attorney's Fees

Davis Wright Tremaine LLP

Excessive Fees or Incessant Litigation – Time for Legislative and Employer Action on Retirement Plans!

Commonly referred to as "excessive fee" litigation, class actions that allege retirement plan investments charge too much and earn too little have increased over the past two decades. Excessive fee cases are difficult to...more

WilmerHale

Federal Circuit Patent Watch: Section 285 Does Not Extend to Recovery of IPR Fees

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Precedential and Key Federal Circuit Opinions - 1.  ZIRCON CORP. v. ITC (2022-1649, 05/08/2024) (Lourie, Bryson, and Stark) - Bryson, J. The Court affirmed the Commission’s determination regarding the domestic...more

Fuerst Ittleman David & Joseph

Florida Litigation Update: Third DCA Clarifies When Joint Proposals for Settlement Are Ambiguous and Addresses the Interplay...

Florida litigators are well aware of the power of a properly used proposal for settlement and the potentially devastating consequences of rejecting such a proposal. Such proposals are powerful tools designed to facilitate...more

Ackerman & Ackerman, P.C.

Transmission Lines and Eminent Domain: What Property Owners Need to Know

One of the most common types of cases we handle is utility takings for transmission lines. As governments attempt to improve the electrical grid to support the transportation of wind and solar energy, this type of case is...more

Pierce Atwood LLP

There’s No Tying in Litigation - Factors to Determine the Winner for Fee Shifting Provisions

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Deciding whether to include a prevailing party attorneys’ fee provision in a contract is important, as doing so has significant risk and cost implications of litigation. Prevailing party provisions foster dispute...more

Lowenstein Sandler LLP

Policyholders vs. Insurers: 3 Arguments to Make When Selecting Defense Counsel & Hourly Rates

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In this episode, Eric Jesse explains ways to prevent your insurer from taking a one-size-fits-all approach to its defense obligations, from asserting your right to select your own counsel to challenging its definition of...more

Schwabe, Williamson & Wyatt PC

ABA Criticizes Nonrefundable Fees in Formal Opinion 505

In Formal Opinion 505 (the Opinion), the ABA wades into the discussion about nonrefundable attorney fees paid in advance, and declares that such a label “is not accurate” and should “not dictate whether a fee has been...more

White and Williams LLP

Florida Passes Tort Reform Bill

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On Friday, March 24, 2023, Florida’s governor, Ron DeSantis, signed into law a tort reform bill, HB 837. The bill impacts, among other things, bad faith actions and attorney’s fee awards. Of particular importance to...more

Snell & Wilmer

A New Outlier Expands Manufacturers’ Ability to Litigate Magnuson-Moss Warranty Act Cases in Federal Court

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A recent court decision may alter a product manufacturer’s chance to have a federal court decide certain warranty claims brought against it. Federal laws do not always guarantee that a party may pursue a claim arising under...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2022: An Open-and-Shut Case for the CCB? It Depends.

Copyright owners now have another venue for enforcing copyrights: the Copyright Claims Board (CCB). Established by the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act), the CCB aims to provide...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2022

[co-author: Ivy Attenborough, Summer Associate] Thank you for reading the June 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the differences between Copyright Claims Board and federal...more

McGuireWoods LLP

Fourth Circuit Upholds Class Settlement Despite Absent Class Member’s Objections to Notice, Fees, and Scope of Release

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On a question of first impression in the Fourth Circuit, McAdams v. Robinson, 2022 WL 401806 (4th Cir. Feb. 10, 2022) concluded that absent class members objecting to a magistrate judge’s jurisdiction over settlement are not...more

Seyfarth Shaw LLP

The Seventh Circuit Provides District Courts Ammunition To Deal With “Objector Blackmail” In Proposed Class Settlements

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Seyfarth Synopsis: “Objector blackmail” occurs in the class settlement approval process when a few class members object to a proposed settlement and, after the district court has overruled their objections, pursue appeals...more

Seyfarth Shaw LLP

Another Court Takes A Bite Out Of Forum Shopping: Plaintiffs Must Bring Nationwide Class Claims Where Defendants Are Incorporated...

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the wake of the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773, 1780 (2017), numerous district courts across the country have ruled that they...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 7, 2020

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Real Property Update - Fraudulent Transfer: Real property that was worth less than mortgage encumbering it was not an asset per the plain language of section 726.102(2) and, therefore, could not support fraudulent transfer...more

Ervin Cohen & Jessup LLP

SB 707: California Continues to Attack Arbitration Agreements

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Although popular with employers as a method to expedite the resolution of disputes and reduce costs, arbitration is unpopular with plaintiff’s lawyers and, apparently, the California Legislature. As we wrote about here,...more

King & Spalding

Ninth Circuit Sua Sponte Reverses Remand Of Wage And Hour Class Action, Ruling That District Courts Must Give Defendants A Chance...

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On September 3, the Ninth Circuit reversed a district court’s remand of a putative class action, holding that when a notice of removal plausibly alleges a basis for federal court jurisdiction, the district court must provide...more

Mitchell, Williams, Selig, Gates & Woodyard,...

How Much is Enough to Remove? Considerations that Shouldn't be "Smuggled into the Judicial Inquiry."

A plaintiff filed a class-action complaint in state court alleging a potential liability of $2.9 million to the class, plus fees and punitive damages. The defendant conducted its own calculation and determined that the amount...more

Patterson Belknap Webb & Tyler LLP

First Department Confirms Award of Attorney’s Fees, But Vacates Damages Award for Counterclaim as Non-Arbitrable

On July 2, 2019, the First Department, in a unanimous decision written by Justice Dianne T. Renwick, reversed a decision of former Commercial Division Justice Eileen Bransten confirming an arbitration award....more

Knobbe Martens

Federal Circuit Clarifies Appellate Jurisdiction to Review Attorney Fees Awards

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ELBIT SYSTEMS LAND AND C4I LTD. v. HUGHES NETWORK SYSTEMS, LLC - Before Taranto, Mayer, and Chen. Appeal from the United States District Court for the Eastern District of Texas. Summary: Neither 28 U.S.C. § 1295 nor 28...more

Nutter McClennen & Fish LLP

5 Patent Law Petitions to Watch at the Supreme Court

As the 2018-2019 Supreme Court term nears its end, several consequential patent law petitions still await certiorari rulings before the Justices recess for the summer, while other patent cases are scheduled to be briefed and...more

Dickinson Wright

Can There Be More Than One “Final Order” for Purposes of Appeal?

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As a general rule, the Michigan Court of Appeals’ jurisdiction is limited to appeals of right from a “final judgment or final order.” MCR 7.203(A)(1). In most cases, that will be the “the first judgment or order that disposes...more

Knobbe Martens

Princeton Digital Image Corp. v. Office Depot Inc. Et Al.

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Federal Circuit Summary - Before Dyk, Taranto, and Stoll. Appeal from U.S. District Court for the District of Delaware. Summary: The Federal Circuit lacks jurisdiction to hear an appeal from a district court judgment...more

Moore & Van Allen PLLC

Standing in the Way of a Supreme Court Decision on Cy Pres-Only Class Action Settlements

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What is the value of the class action mechanism if no redress is provided to plaintiffs at all? Is the class action about providing a remedy to plaintiffs, is it just about getting the defendant company to pay something to...more

Burr & Forman

Florida Supreme Court Accepts Jurisdiction in Glass on Fee Issue in Foreclosures

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On February 13, 2018, the Florida Supreme Court accepted jurisdiction in an appeal emanating from a hot button issue in contested foreclosures – can the borrower in a foreclosure secure an award of contractual attorney’s fees...more

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