CALIFORNIA ATTORNEY'S FEES

Reviews: Articles On Anti-SLAPP Fee Awards And On Best Practices

California Litigation Publishes Two Helpful Attorney Fees Articles In Latest Issue.

        California Litigation, the journal of the Litigation Section of the California Lawyers Association, has published two articles relating to attorney fees in the latest issue, Vol. 35, No. 1 (2022). Co-contributor to this blog Marc is one of the editors of California Litigation.

        Hon. Elizabeth R. Feffer (Ret.) & Richard M. Pearl, Best Practices for Litigating a Civil Code Section 1717 Motion for Attorney Fees. Our readers will know Richard Pearl as the author of the CEB book about attorney fees in California. Elizabeth Feffer served as a judge of the superior court in Los Angeles from 2007 to 2020, and is now a neutral at ADR Services.

        Timothy M. Kowal, Are Anti-SLAPP Fee Awards Stayed on Appeal? The Better Side of a Split of Authority Says Yes. Tim and his law partner Jeff Lewis are the creators of the California Appellate Law Podcast. Mike and Marc were recently interviewed on the podcast on -- you guessed it -- the subject of attorney fees.

Reviews: Co-Contributor Marc Has Article In Daily Journal About Waiver Of The Right To Arbitrate

The Article Is Entitled, "The United States and the California Supreme Courts are not on the same page."

        Several years ago, colleagues Mike and Marc of this blog litigated the issue of waiver of the right to arbitrate in the 9th Circuit. Their client prevailed in the case, but lost the skirmish arguing about whether their client had waived the right to arbitrate. Now, Marc has an article in the June 10, 2022 online edition of the Daily Journal, contrasting the United States and California Supreme Courts' divergent views about waiver of the right to arbitrate. Accessing the Daily Journal online requires a subscription.

Co-Contributor Marc Has Article In December 24, 2020 Daily Journal About Qui Tam Actions And Arbitration

Qui Tam Actions May Avoid Arbitration.

        Marc's article in the December 24, 2020 Daily Journal is entitled, "Qui tam actions can avoid arbitration in California." The article is prompted by an opinion authored by Justice Arthur Gilbert in State of California ex rel. Aetna Health of California, Inc. et al., B299025 (2nd Dist. Div. 6  12/21/20). The opinion held that a qui tam action involving the California Insurance Fraud Protection Act to combat insurance fraud, avoids a binding arbitration agreement. The reasoning is in line with a California Supreme Court opinion addressing arbitration and qui tam actions in the context of the California Private Attorney General Act of 2004, Iskanian v. CLS Transportation Los Angeles, LLC.

Reviews: Sweet Taste Of Liberty, Reviewed By Blog Co-Contributor Marc

Co-Contributor Marc Has Reviewed Sweet Taste of Liberty, And A Link To The Review Is Included Below.

        Rice University historian W. Caleb McDaniel won the Pulitzer Prize in history for this remarkable story about Henrietta Wood, an enslaved person in Kentucky, who was freed in Ohio, kidnapped by a slave broker, re-enslaved, sold in Kentucky, and freed after the Civil War. After returning to Ohio, she sued for restitution in federal court. 

        Wood was illiterate and signed her name with an X, so it is a tremendous feat of scholarship that her story can be told at all.

        The most recent issue of California Litigation, the journal of the litigation section of the California Lawyers Association, is devoted to the theme of racial justice. Marc is one of the editors of the journal, and his review of the book, which appears in the recent issue, can be read by clicking here.

Reviews: Co-Contributor Marc Publishes Article On Nuts And Bolts Of Videoconference Dispute Resolution

The Article About Videoconference Dispute Resolution Appears In Current Issue Of California Litigation, Vol. 33, No. 2 (2020).

        These days, Marc serves as a mediator on the panels of the USDC Central District and the Orange County Superior Court. Marc's article, "Nuts and Bolts of Videoconference Dispute Resolution in the Time of COVID-19", addresses the mechanics, best practices, and  pros and cons of videoconferencing in an ADR practice. With the permission of the California Lawyers Association and its journal California Litigation, the article is republished here and can be read by clicking on the title of the hyperlinked article. Marc is solely responsible for the contents and opinions in the article.

Reviews: Trap for the Unwary: Malpractice and the Missed Attorney's Fees Issue

Co-Contributor Marc Has An Article In The Latest Issue Of The Orange County Lawyer.

         And here's the link to Marc Alexander, Trap for the Unwary: Malpractice and the Missed Attorney's Fees Issue, Orange County Lawyer, December 2019, Vol. 61, No. 12, p. 30.

Miscellaneous Reviews: Books By Sunstein, Tribe And Matz About Impeachment

Two Books Reviewed By Co-Contributor Marc In Latest Issue Of California Litigation.

        In the latest issue of California Litigation, Vol. 31, No. 2 (2018), p. 44, co-contributor Marc has reviewed Cass R. Sunstein's Impeachment: A Citizen's Guide, and Laurence Tribe and Joshua Matz's To End A Presidency: The Power Of Impeachment. You can read the review, which is republished with the permission of California Litigation, by clicking here.