Class Action Attorney Fee Digest Blawg is an offshoot of the Class Action Attorney Fee Digest, which collects class
action attorney fee award information that is reported in subscription - based publication.
Not exact matches
If an
action is dismissed with prejudice for lack of standing, the defendant will be considered the prevailing party and
attorney's
fees can be
awarded under 35...
C. Costs and reasonable
attorney fees shall be
awarded to the commissioner or a district
attorney in all injunctive
actions where the commissioner or district
attorney successfully enforces this Part.
Subsequently, the trial judge
awarded $ 294,271 in
attorney's
fees to District and against Roosevelt Lofts under the «tort of another» doctrine for work associated with a bankruptcy proceeding, the underlying
action (especially an appeal), and a quiet title against another party basically affiliated with Roosevelt Lofts.
Minor's
attorney basically appealed a
fee award in a minor's compromise settlement in a medical malpractice
action.
Section 505 provides that a district court «may...
award a reasonable
attorney's
fee to the prevailing party» in a copyright
action.
Rule 4:42 - 9 (a)(6) provides for the
award of
attorney's
fees to a successful claimant in an
action upon a liability or indemnity policy of insurance.
Now that the Court That Must Be Obeyed has expressly blessed the trial court's discretion to deny
attorney's
fee awards to employee plaintiffs who recover less than $ 25,000 in unlimited civil
actions, will the trial courts now start exercising that discretion?
There are set procedures one can use to obtain medical reimbursement and maximize the chances of being
awarded attorney's
fees if one has to bring a contempt
action to obtain reimbursement.
(5) If the court finds that an
action brought pursuant to this section was frivolous as provided in article 17 of title 13, C.R.S., the court shall
award costs and
attorney fees to the defendant in the
action.
S496 (Florida Supreme Court, June 30, 2005): Provision in prenuptial agreement that
attorney fees would be
awarded to prevailing party in any
action to enforce agreement was enforceable.
After moving for $ 241,647.20 in
attorney's
fees under Business and Professions Code section 7168 (a
fee shifting statute allowing mandatory
fees to a «prevailing party... in any
action between a person contracting for construction of a swimming pool and a swimming pool contractor arising out of a contract for swimming pool construction»), the trial judge
awarded only $ 31,888.57 because he concluded that no post-void determination
fees were allowed because the contract was unenforceable.
5 Feb. 13, 2018)(unpublished), County defensed an ex-employee's FEHA harassment / retaliation claims through a summary judgment motion, with the trial judge later
awarding County
fees under Code of Civil Procedure section 1038, which allows trial courts to
award public entities the
attorney's
fees they incur for «unmeritorious and frivolous» lawsuits if the
action was not brought in good faith and with reasonable cause.
Panelists discuss recent class
action fee decisions that focus on contract
attorneys, cy pres
awards, preparing
fee requests and strategies for dealing with professional objectors.
«Costs / Section 998: $ 31,955.68 Costs
Award, Many Predicated On Successful CCP 998 Offer, Affirmed On Appeal Main Liens For
Attorney Fee / Quantum Meruit: Discharged
Attorneys In Class
Action Not Entitled To Pursue Conversion Or Common Counts Against Successor
Attorneys Without First Proving Entitlement To
Attorneys Lien Against Client»
2 May 3, 2017)(unpublished), a trial judge in a class
action case
awarded $ 29,409 in
attorney's
fees to class counsel under the private
attorney general statute based on the percentage - of - recovery method rather than the lodestar method.
California Supreme Court holds that prevailing defendant in disability access
action is entitled to mandatory
award of
attorney fees.
In our October 22, 2010 post, we reported on the New York Court of Appeals» decision in Flemming v. Barnwell Nursing, which denied
awarding attorney's
fees to a class
action settlement objector whose efforts helped reduce requested class counsel
fees of $ 448,000 down to $ 425,000 in a $ 950,000 settlement.
What happened below was that a trial judge erroneously failed to honor plaintiff's dismissal of an
action, striking it and then going forward to
award discovery sanctions and
attorney's
fees against plaintiff and in favor of the defendant.
You may view the settlement agreement and other related documents (including Plaintiffs» Motion for Preliminary Approval of Class
Action Settlement, the Court's Order Granting Preliminary Approval of Class
Action Settlement, Plaintiffs» Motions for Final Approval of Class
Action Settlement,
Attorneys»
Fees and Incentive
Awards, and any opposition or reply papers related to these motions) here:
In any court
action to enforce an order granting or denying parenting time, a court may
award reasonable
attorney fees and expenses of litigation.
A court can also
award attorney fees and expenses against a parent who pursues a frivolous or vexatious court
action.
You also agree to cover all of my costs associated with bringing an
action, including
attorneys»
fees and any damages
awarded against me, irrespective of the outcome of the
action.
(3) The court shall
award reasonable
attorney's
fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil
action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
Serving as lead counsel in infringement
action in the District of Delaware involving cloud storage, and resulting in dismissal and
award of
attorneys»
fees in client's favor.
Although there is no precedent in Minnesota, I'm hoping our appellate courts will follow caselaw in other states holding a declaratory judgment
action is not an enforcement
action and, therefore, an employer who prevails is not entitled to an
award of
attorneys»
fees.
Disputes and Governing Law: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of
action arising out of or connected with this Contest or any prize
awarded shall be resolved individually, without resort to any form of class
action, and exclusively by a federal or state court located in the province of Alberta any and all claims, judgments and
awards shall be limited to actual out - of - pocket costs incurred, including costs associated with entering this Contest, but in no event
attorneys»
fees; and (3) under no circumstances will entrant be permitted to obtain
awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out - of - pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
The overall settlement was for $ 5.9 million, with $ 4.3 million going to the class
action and the court
awarding an additional $ 1.6 million for court costs and
attorneys fees.
The Prevailing Party also sought reimbursement of its costs and
attorney's
fees for bringing the
action to confirm the arbitration
award.