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Litigation Fees & Costs Settlement Attorney's Fees

Troutman Pepper

Attorneys Collect $23.3M Payday in EDVA Antitrust Settlement

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On October 18, Judge Rebecca Beach Smith of the Eastern District of Virginia approved a $70 million settlement in an antitrust case, with more than $23.3 million awarded to the plaintiffs’ attorneys. This case helpfully...more

BCLP

Mass Settlements from a U.S. Perspective

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As total adjudication is a lofty finish line for many mass and class disputes, settlement is a crucial factor. As class actions continue to rise in prominence in the UK, the United States offers many lessons to emulate and...more

Lasher Holzapfel Sperry & Ebberson PLLC

Who Pays For Attorneys Fees In Litigation?

One of the first questions asked of me by clients when considering litigation is, “Can I make the other side pay for my attorney’s fees?” In Washington State, the answer to that question is generally no. This is referred to...more

JAMS

Eleventh Circuit Decision Prohibits Incentive Awards for Class Reps

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On September 17, 2020, the U.S. Court of Appeals for the Eleventh Circuit issued a bombshell decision: A court may not award an incentive fee to a class representative. This is surprising, if not shocking, as it is standard...more

Hinshaw & Culbertson - Lawyers for the...

Illinois Law Firm Recovers No Attorney's Fees After Trial Court Concluded The Firm Breached Its Fiduciary Duties

Scot Vandenberg v. RQM, LLC, 2020 IL App (1st) 190544 - Brief Summary - An Illinois appellate court affirmed the adjudication of a firm's attorney's liens down to zero, where the discharged firm failed to provide any...more

McDermott Will & Emery

Close Scrutiny for Class Settlements Where Plaintiff Attorneys Take Lion’s Share

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Two recent US antitrust class action settlements drew additional scrutiny from federal judges, showing that the allocation of settlement funds between a proposed class and their attorneys will be carefully reviewed for...more

Snell & Wilmer

CCP 998 Does Not Confer an Independent Right to Attorneys’ Fees

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A so-called “offer to compromise” under California Code of Civil Procedure section 998 can reverse the parties’ entitlement to costs after the date of the offer, depending on the outcome of the litigation. Cal. Code Civ....more

Jackson Lewis P.C.

“Catalyst” Test Applicable To Awarding Attorney’s Fees For State Wage And Hour Claims, Massachusetts Supreme Judicial Court Holds

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Rejecting the federal standard for determining whether a party has “prevailed” on his or her claim under the Massachusetts Wage Act, Mass. Gen. Laws ch. 149, §§ 148 & 150, the Massachusetts Supreme Judicial Court has held...more

Proskauer - Law and the Workplace

Massachusetts Supreme Judicial Court OK’s Attorneys’ Fees for Wage Act Settlements

As has been long anticipated, the Massachusetts Supreme Judicial Court recently gave a green light to plaintiffs’ attorneys seeking a fee award under the Commonwealth’s Payment of Wages Act, even where an action ends in...more

Snell & Wilmer

What If Your CCP 998 Offer is Silent on Costs?

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In California, the “prevailing party” in litigation is generally entitled to recover its costs as a matter of law. See Cal. Code Civ. Proc. § 1032. But under California Code of Civil Procedure section 998, a party may make a...more

Womble Bond Dickinson

TCPA Lawyers Cashing In: Court Approves Massive $20.4MM Fee Award in Favor of Class Counsel in TCPA Case Against Dish Networks

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While the saga in Krakauer v. Dish Network, LLC may be far from over, the Plaintiff’s attorneys in that case certainly have something to smile about. Twenty million somethings. In Krakauer v. Dish Network, Case No....more

Balch & Bingham LLP

You Don’t Get Something For Nothing

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The prospect of attorneys’ fees is often a major factor in strategy and, in particular, settlement. Defendants sometimes pay more up front just to avoid “running up” plaintiff’s counsel’s fees. ...more

Proskauer - Minding Your Business

A District Court’s Discretion to Sanction Is Broad, “But For” a Causal Limitation

Recently, the U.S. Supreme Court clarified in Goodyear Tire & Rubber Co. v. Haeger that even a district court’s exercise of broad discretion to impose a civil sanction for a litigant’s bad faith conduct has to be limited by a...more

Snell & Wilmer

Does Your 998 Offer to Compromise Include Attorneys’ Fees and Costs?

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In California, the “prevailing party” in litigation is generally entitled to recover its costs as a matter of law. See Cal. Code Civ. Proc. § 1032. But under California Code of Civil Procedure section 998, a party may make a...more

Butler Snow LLP

It’s a Trap!! – Be Careful When Crafting Your Rule 68 Offers of Judgment

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Federal Rule of Civil Procedure 68 presents a valuable settlement tool for defense attorneys. Specifically, it allows the defendant to make a pre-trial offer of judgment on specified terms, and provides for the recovery of...more

Ballard Spahr LLP

U.S. Supreme Court Urges Resolution of Bankruptcy Disputes

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The U.S. Supreme Court has provided new stimulus to the use of mediation in disputes over attorney fees in its June 15, 2015, decision in Baker Botts LLP v. Asarco. Baker Botts was employed by the bankruptcy debtor estate...more

Hinshaw & Culbertson LLP

Is a Memorandum of Costs required in addition to a Fee Petition?

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In Kaufman v. Diskeeper Corp., 2014 DJDAR 11468, the California Court of Appeal for the Second Appellate District decided an interesting case involving the interplay of a filed Memorandum of Costs and a related Petition to...more

BakerHostetler

Seventh Circuit Rejects Attorney Fee Award Premised on Administrative Costs

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As we’ve commented before, class actions frequently take on a life of their own. They involve large sums of money, frequently raise difficult discovery and case management issues, and are subject to surprises for all the...more

BakerHostetler

California District Court Rejects Class Action Settlement Due To Fee, Enhancement, and Other Issues

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Do your homework before you seek approval of a class action settlement! Meals on airlines have all but disappeared for anyone other than those in first class, but the company Sky Chefs contends on its website that it...more

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