May 2018

Costs, Special Fee Shifting Statute: Superior Court Properly Awarded General CCP § 1032 Prevailing Party Dismissal Routine Costs Totaling $1,010 In Dismissed, Transferred Small Claims Action

Cases: Costs, Cases: Special Fee Shifting Statutes

Appellant Argued Small Claims Special Statutory Prohibition Applied, But It Did Not.             We once in a long while get a case involving a small claims matter, which the next case happens to be. These matters, in the fees and costs area, usually focus on whether general CCP routine costs provisions prevail or whether special […]

Intellectual Property: D.N.J. Fed. Court Awards $13.8M In Attorney’s Fees And Costs To Defendant Zimmer Inc. In 13-Yr. Patent Infringement Battle With Howmedica Osteonics, Finding That The Matter Was “Exceptional” Under Patent Fee-Shifting Statute

Cases: Intellectual Property

District Judge Sustained $990 Hourly Rates As Reasonable For Some Senior Defense Attorneys With Large U.S. Firms.             On May 23, 2018, U.S. District Judge William Walls (D.N.J.) unsealed a 39-page decision by which he articulated reasons for awarding defendant Zimmer Corp. $13,296,559 (out of a requested $13.5 million) in attorney’s fees and $513,258 (the

In The News: Recent Survey Shows Almost ½ Of Surveyed Firms Miss Annual Billable Hourly Targets, Over ½ Of Equity Partners Not Busy Enough, 59% Report Nonequity Partners Underutilized, And 83% Said They Have Some Lawyers Who Are Chronic Underperformers

In The News

Substantial Number Of Firms Say Pricing Is Key Client Concern, With Nearly 80% Believing That Non-Hourly Billing Is A Permanent Trend.             Altman Weil, in its survey entitled “2018 Law Firms in Transition,” has some interesting statistics showing that law increasingly is a more volatile marketplace than in past years. Conducted in March – April

Probate: 5th Dist. Court Of Appeal Reversed Award To Atty Not Representing Conservator For Providing Assistance To Public Guardian, But Recognized Equitable Cases Allowed Partial Fee Award For Atty In Obtaining Appointment of Conservator Public Guardian

Cases: Probate

Probate Code Section 2642 Was Not The Right Statute, But Estate of Moore Allowed For Partial Fees To Attorney Upon Equitable Grounds.             In Conservatorship of Smith, Case No. F073436 (5th Dist. May 24, 2018) (unpublished), the lower court granted an attorney assisting the Public Guardian as conservator after helping obtain the conservatorship appointment. The

Family Law: Ex-Husband Receives Full $138,000 Of Fee Request Against Ex-Wife For Modifying Support Order And Ex-Wife Only Received $10,627 In Fees Out Of Requested $159,783 Fee Request Against Ex-Husband Under Family Code Section 271 Sanctions Provision.

Cases: Family Law

Ex-Husband Obtained A Lopsided Win, With Both Parties Expending $1 Million In Litigation Costs Since Separation.            Attorney’s fees awards in family law setting are extremely discretionary and the end rest of litigation costs for both parties along the way, even with some reimbursement awards allowed, can certainly make destitute or bankrupt any party. This is

Special Fee Shifting Statute: Trial Court Did Not Abuse Its Discretion In Awarding $95,000 in Attorney’s Fees To Plaintiff Under CCP 1021.4, Discretionary Fee-Shifting Provision Where Civil Cases Involves Defendant’s Felony Offense(s).

Cases: Special Fee Shifting Statutes

Plaintiff Requested $1.3 Million In Fees, But Trial Court Found Lack Of Success Required Steep Discount And No 1.75 Positive Multiplier Justified Where Case Was Not Novel/Was Not That Difficult.             Defendant was found liable on several (4) tort counts for sexually abusing his niece when she was between 8-10 (the plaintiff). Before trial, the

Prevailing Party, Section 1717: Trial Judge’s Failure To Determine If Defendant Was Prevailing Party Under Civil Code Section 1717 Was Reversed And Remanded For A Determination

Cases: Prevailing Party, Cases: Section 1717

Finding That Neither Side Prevailed For Routine Costs Did Not Decide Section 1717 Prevailing Party Issue.             In AAWestwood, LLC v. Liberal Arts 677 Benevolent Foundation, Case No. B275717 (2d Dist., Div. 5 May 23, 2018) (unpublished), defendant won non-monetary relief under its cross-complaint while plaintiff lost some claims but won a net $3,809.52 in

Consumer Statutes: Defendant/Cross-Complainant Properly Awarded Attorney’s Fees Against One Unsuccessful Cross-Defendant, But Other Cross-Defendants Correctly Denied Fees Under Consumer Statutes And Civil Code Section 1717 Even Though Cross-Complainant

Cases: Consumer Statutes

Cross-Complainant Did Win $140,550.51, Slightly Reduced Lodestar Enhanced By 1.5 Multiplier, Against One Cross-Defendant.             Professional Collection Consultants v. Lujan, Case Nos. A147922/A148925 (1st Dist, Div. 2 May 22, 2018) (partially published; fee discussion unpublished) is a situation where plaintiff filed to collect upon a credit card debt, with defendant responding by filing a cross-complaint

Cases Under Review: SCOTUS Grants Certiorari To Settle Conflict In Circuit Courts On Exactly What Actions Are Covered By The Statutory Cap On Attorney’s Fees In Social Security Benefit Matters

Cases: Cases Under Review

Fairly Even Split Among The Circuit Courts Passing On The Issue.             On May 21, 2018, the U.S. Supreme Court made public that it has granted certiorari in Culbertson v. Berryhill, No. 17-773. The issue to be decided was framed this way: Whether fees subject to 42 U.S.C. § 406(b)’s 25-percent cap related to the

In The News . . . . State Of Idaho Approves A Payout Of $75,000 In Attorney’s Fees To Two Idaho Women Successfully Challenging State’s Ban On Changing The Gender Listed On A

In The News

Fees Might Have Been Over $99,000 Sans The Settlement, With Federal Court Earlier Finding The Ban Violated The Equal Protection Clause Of The Fourteenth Amendment.           According to a column by Betsy Z. Russell which can be found at a May 18, 2018 post on the Idaho Press-Tribune’s website, Idaho’s top officials approved a $75,000 payout

Scroll to Top