September 2009

Discovery Sanctions: California Court Of Appeal Affirms $6,632.50 In Discovery Sanctions Against Party Who Failed To Adequately Answer Special Interrogatories

Cases: Discovery

Published Decision Is Must Reading For All Litigators Engaged in Discovery Disputes.      We knew that we would enjoy the next decision, because it analogizes discovery disputes to the imagery of Hotspur (Henry Percy)—who is graphically depicted in Shakespeare’s Henry IV as being blinded by a combative nature and incapable of informally resolving a disagreement […]

SLAPP: Appellate Fees For Sustaining Lower Court’s SLAPP Ruling Are Recoverable

Cases: SLAPP

  First District, Division 5 So Holds in Unpublished Decision.      Plaintiff had his malicious prosecution action stricken through a SLAPP motion, a ruling that was appealed. After obtaining a dismissal of the appeal because it was untimely filed, defendants filed a motion to obtain appellate fees for successfully defending the SLAPP ruling on appeal.

Special Fee Shifting Statute and Fee Clause Interpretation: Singapore Law Governs Non-Statutory Issues

Cases: Choice of Law, Cases: Fee Clause Interpretation, Cases: Preemption, Cases: Special Fee Shifting Statutes

  Ninth Circuit Reverses Denial of Fees Award, Remanding for A New Look in COGSA, Bill of Lading Case.      So what happens when you have a seemingly statutory choice-of-law clause (that means no attorney’s fees) and a contractual clause (that may mean attorney’s fees) in the same case? Well, if you are the litigant

Consumer Statutes And Requests For Admissions: Court Of Appeal Denies Unfair Competition Defendants’ Request For Fees Under Section 17200 Or Under RFA Sanctions Statute

Cases: Consumer Statutes, Cases: Requests for Admission, Cases: Section 1717

No Basis For Fees Based On Defensed Claims; No Abuse of Discretion in Denying RFA Sanctions.       In Chichi v. Ennen, Case No. D053410 (4th Dist., Div. 1 Sept. 18, 2009) (unpublished), plaintiffs brought a class action under California’s unfair competition statute based on violations of several other California statutes. After plaintiffs rested their case-in-chief

Bankruptcy: Ninth Circuit BAP Issues An Illuminating Opinion On Block Billing And Travel Time Issues

Cases: Bankruptcy Efforts, Cases: Billing Record Substantiation

  Although Germane In Bankruptcy Context, Case May Be Helpful in Non-Bankruptcy Cases.      You readers of our blog are a constant source of inspiration. Today, we thank attorney Andrew L. Fagan of Santa Rosa for alerting us to a recent unpublished Ninth Circuit BAP decision that has interesting discussions of block billing and reimbursement

Fee Substantiation: Improper Authentication of Prior Counsel Fee Bills Costs Prevailing Party $141,283.75 In Ultimate Fee Recoupment

Cases: Costs, Cases: Substantiation of Reasonableness of Fees

  Demonstrative Evidence and Computer Related Expenses Were Properly Allowed As Routine Costs.      The next case is one that will remind practicing litigators to make sure they properly authenticate fee submissions in support of attorney’s fees request. The decision also has a nice discussion of some routine cost items that are recoverable in this

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