Litigation Management & Attorney Fee Analysis Blog

Recent Posts from Litigation Management & Attorney Fee Analysis Blog

• Award of Attorney's Fees is Proper for Successful Anti-Slapp Motion in Addition to Fee Claims Related to Malicious Prosecution Action

    In Jackson v. Yarbray 2009 DJDAR 16000 (2009) the Second Appellate District affirmed in part, reversed in part and remanded the case for further proceedings. The opinion was ordered published only in part.  In the…

• Is a Court Allowed to Enhance a Fee Award Based on the Quality of Performance of Counsel?

  The United States Supreme Court recently heard arguments in a significant fee case. In Perdue v. Kenny A., the court was asked to decide whether a reasonable attorneys’ fee award under a federal fee shifting statute is…

• Ninth Circuit Rejects Exclusive Use of Lodestar Approach in Calculating Fees in Denial of Disability Insurance Benefits Matters

  In Crawford v. Astrue 2009 DJDAR 15681 (Ninth Circuit 2009), the Ninth Circuit Court of Appeals reversed a fee award made by the district court. The Ninth Circuit concluded that the lower court failed to…

• Trial Court Must Make Findings Establishing A Reasonable Basis For Fee Award

  In Gorman v. Tassajara Development Corp., 2009 DJDAR 14522 (October 6, 2009) the Sixth Appellate District overturned an award of attorneys’ fees rendered by the trial court. The court concluded that based on an analysis of the…

• Foreign Court Order Ruled Unenforceable: Court Nullifies Award of Attorneys Fees

  In the litigation captioned In Re the Marriage of Natalija and Nikolai Solomon Lyustiger, 2009 DJDAR 14245 (2009) the Third District Court of Appeal decided an action based on the Uniform Foreign Money-Judgments Recognition Act…

• Trial Court Errs In Refusing to Award Litigation Costs but Not Fees to Adverse Party

  In Vons Companies Inc. v. Lyle Parks Jr. Inc., 2009 DJDAR 13828, the California Court of Appeal, 2nd District, decided a complex case involving both the “prevailing party” doctrine (CCP§ 1032) and CC § 1717, the reciprocal remedy statute.…

• Liability Insurance Carrier Only Required to Pay A Pro Rata Share of Fees Incurred In The Subrogated Recovery Context, Not The Entire Amount Under The "Made Whole" Doctrine

  In 21st Century Insurance Co. v. Superior Court, 2009 DJDAR 12587 (August 24, 2009), the California Supreme Court ruled on an undecided question pertaining to the proper application of the “Made-Whole” rule versus application of the “Common…

• Plaintiff Denied Attorney Fees Even Where He Prevailed on Appeal

  In Wood v. Santa Monica Escrow Co., 2009 DJDAR 12082 (Aug. 13, 2009), the Second Appellate District decided a novel prevailing party attorney fee case. The plaintiff, Craig Wood, was the personal representative of the…

• Federal Judge Reduces Fees Requested by 75%

  In Mendez v. The County of San Bernardino, US District Court, Central District of California, (a case in which I submitted a declaration in opposition to the fees requested), The Honorable Judge Wilson found the initial lodestar of $696,923 should be…

• "Clear Sailing" Agreement Is Approved By Court In Consolidated Consumer Class Action Case

  In Consolidated Consumer Privacy Cases, California Court of Appeal – 1st District, 2009 DJDAR 9765 (June 30, 2009), the First Appellate District approved what is sometimes referred to as the “clear sailing” doctrine concerning an attorney fee award. The…