State Law, Not Federal Law, Should Have Governed Fee Inquiry. The U.S. Court of Appeals for the First Circuit reversed a Boston federal judge’s award of around $30 million in attorney’s fees to plaintiffs’ lawyers in multidistrict litigation over an alleged oil sludge defect in certain Volkswagen cars. The basis for the […]
Substantial Justification for Opposition Given Unsettled Law on Scope of Marital Privilege. Plaintiff and her attorney were sanctioned $5,000 for unsuccessfully opposing a protective order motion brought by a third-party attempting to protect certain information from discovery under the marital privilege. The trial court thought the law clear on the issue and sanctioned
Cal. Rules of Court Do Contain the Proper Procedures in These Areas. Justice Yegan in Sandler v. San Wall Properties, Case No. B234643 (2d Dist., Div. 6 July 31, 2012) (unpublished) does remind us of some procedural nuances on two subjects: (1) appeal sanctions; and (2) attorney’s fees on appeal. There, winning
Private Attorney General Decisions on Subject Found Analogous. Rickley v. Goodfriend, Case No. B234152 (2d Dist., Div. 7 July 30, 2012) (published) is an interesting decision where a co-plaintiff in pro per attorney, who is a member of the California bar, sued neighbors with her co-plaintiff spouse. Plaintiffs obtained contempt judgments against defendants
READ ALL ABOUT IT AT CAL ATTORNEY’S FEES ! New York Billing Rates for Associates Go Up 7.5% From 2011, Compared to Only 3.4% For Partners and 3.6% For Other Counsel. Recently, a Valeo Partners report has shown that over the past year, billing rates for New York associates have risen by 7.5%
Plaintiff Did Not Have to Prove Size of Positively Impacted Class of Applicants. We would like to give a “Hat Tip” to Greg May, who authors the California Blog of Appeal, who discussed the case of Samantha C. v. State Dept. of Developmental Services, Case No. B232649 (2d Dist., Div. 1 June 21,
Trial Court Erred in Not Allowing New Proof After Prior Reversal in Leader I. In our March 24, 2010 post, we discussed Leader v. Cords, 182 Cal.App.4th 1588 (2010) (Leader I), where the appellate court reversed a probate code order denying Probate Code section 17211(b) fees to beneficiaries who were petitioning for an
Result Was Dismissal of the Appeal. Reedy v. Bussell, Case No. D059378 (4th Dist., Div. 1 July 26, 2012) (unpublished) was a situation where a trust beneficiary appealed maintenance expenses and attorney’s fees awarded to a trustee after a lower court order found that the expenditures were for the common benefit of the
$131,000 Fee Award Exposure Was the Result. In Conservatorship of Sims, Case No. B227813 (2d Dist., Div. 4 July 26, 2012) (unpublished), wife was hit with a judgment for breach of fiduciary duty in an action brought by the conservator of deceased husband’s estate, mainly based on obtaining a quitclaim deed transfer through
To Be Unsuccessful on Appeal, Employee Must Have Merits Tried By Superior Court And Besieged With a Zero Award. Labor Code section 98.2(c) is a one-way fee shifting provision that penalizes an unsuccessful party who appeals a labor commissioner’s decision, mandating that the court assess attorney’s fees upon the unsuccessful appealing party. In
