Sentences with phrase «counsel fee award»

The fact that a party has already paid a retainer to a lawyer can not defeat the party's application for a counsel fee award.

A week after Ms. Questel claimed her prize in May, 2012, Mr. Questel asked Justice Jackman - Brown to declare the lottery winnings marital property, to retroactively vacate the maintenance and counsel fee awards, and to modify the parties» April, 2011 child support So - Ordered Stipulation.

Not exact matches

I favor no - fault, but this mechanical awarding of counsel fees serves to perpetuate litigation over financial / property disputes.

Fees to the class counsel will be awarded by the court.

However, such awards can create a potential for conflicts of interest because they allow class counsel to reap large fees regardless of whether class members were adequately compensated, according to the cert petition.

Justice Belobaba suggests that contingency arrangements should be presumptively upheld, and granted counsel's request for a one - third fee award.

If ever a case demonstrates why settlements of class actions and fee awards to class counsel are subject to court oversight and scrutiny, this is it.

Served as trial counsel for a major national manufacturer in a lengthy NLRB proceeding in which the client prevailed on bad faith bargaining, secondary boycott and threat of violence charges against the Teamsters Union, secured three separate federal court injunctions against the Union and won an unprecedented award of attorneys» fees and litigation costs [reported at 334 NLRB No. 137]

2014) is a situation where a Massachusetts appellate court held that trial judges have discretion to award attorney fees for work performed by in - house counsel for claims brought under the state's unfair trade practices law.

A Virginia lawyer who ran afoul of discovery requirements in a major wrongful - death trial by allegedly encouraging a client to clean up his Facebook account has paid his $ 544,000 share of a $ 722,000 legal fee award to opposing counsel and seen an $ 8.5 million award to his client and other plaintiffs in the case upheld by the state supreme court.

(BLOG OBSERVATION — In the Ninth Circuit, class counsel can be awarded attorney's fees under either a lodestar or straight percentage of settlement fund approach.

Ninth Circuit Requires Reexamination of Fee Denial to Objector's Counsel and Fee Award to Class Counsel.

Continue reading «Class Action: Class Representative Incentive Agreements That Created Conflicting Interests Required New Consideration Of Fee Award To Objectors And Class Counsel»»

Now, U.S. District Judge Manuel L. Real has reconsidered the fee issues and determined that the conflicted lead class counsel was entitled to no fees at all, although awarding lead conflicted counsel over $ 1.2 million in reimbursable expenses.

2009), where class representative incentive agreements creating conflicts of interests required reconsideration of fee awards to both objectors and class counsel in the BAR / BRI bar review class action case.

Plaintiff appealed $ 112,777.40 in fees awarded to Agency for work by a prior disqualified counsel.

The prospect of a full indemnity award should also encourage counsel to represent defendants on a contingency fee basis, where the defendants may otherwise not have sufficient means to retain counsel...

[11] Counsel is seeking costs of one - third of the damages awarded in the AB claim and the tort claim pursuant to the contingency fee agreements signed by Claude Pothier on August 1, 2006, and January 30, 2014.

Class counsel requested a lodestar multiplier of between 2.03 to 2.13 for a total requested attorneys» fee award of $ 6,333,333.33.

The more astute judges will note this sandbagging, asking the complaining counsel why the defect wasn't disclosed earlier, and then refuse to award fees when the explanation indicates sandbagging.

On that basis, the Court vacated its earlier order awarding Ms. Questel $ 4,500.00 in temporary counsel fees.

Ms. Questel would be responsible for the balance of the prior award and other counsel fees accrued.

The lower court found ex-employee's failure to accept carrier counsel was unreasonable and that his requested fees / costs through his chosen counsel were not necessary expenditures, awarding only $ 1,980 in fees / costs as against employer under section 2802.

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.

2005)(unpublished)(granting class counsel's fee award of $ 2.1 million despite class only receiving $ 1.2 million in judgment in FLSA collective and UCL class action because defense counsel were overly aggressive).

Judge Cote also approved the Plan of Distribution to the Plaintiff Class and awarded Plaintiffs» counsel attorneys» fees and costs.

We are asking the Ninth Circuit to reverse the district court's excessive award of $ 15 million in attorneys» fees to class counsel for obtaining a settlement that provides class members with $ 2 to $ 5 million in benefits.

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.

Over 1000 opinions have cited PLCM Group, in which Laurie established that companies represented by in - house counsel can recover contractual attorney fees, and that reasonable market rates control the award.

Plaintiff retained new counsel for a successful appeal and retrial, resulting in an award of positive compensatory damages and a separate award of fees / costs under a commercial lease.

Similarly, under a statute which allowed for bylaws concerning «all or part of the costs of the disciplinary proceeding,» and although regulations provided for a licensee to pay «all or part of the costs of the disciplinary hearing, including (i) per day fees for members of the Discipline Committee, (ii) counsel fees, (iii) reporter fees, (iv) facility charges, and other charges associated with the hearing», a court found such award to be subject to the same reasonableness standard of review as is the rest of the substantive disciplinary decision.

Counsel who wish to argue that a cost award against their client should consider the deductibility of legal fees by the recipient will bear the onus to set out for the judge what the impact of the deduction will be.

«It is insufficient that class members had an opportunity to file a general objection to what they anticipated class counsel might request as an attorney - fee award; principles of due process require that they have an opportunity to respond to the attorney - fee application that is actually filed.»

Chief Justice Lyn Stuart authored the court's 41 - page ruling, which vacated an order entered by a trial court awarding class counsel a fee of $ 124 million for their work on a $ 310 million class action settlement.

The state's high court sided with objectors, vacating an order entered by a trial court awarding class counsel a fee of $ 124 million for their work on a $ 310 million class action settlement.

The objector wished to challenge the amount of fees awarded to class counsel from the $ 36 million common fund created when the jury entered its verdict in favor of the class.

The award was reversed because the trial judge was unaware of a capped $ 6,000 fee arrangement between ex-wife and her counsel, it was unclear if consideration was given to any net income received by husband from assets, and it was unclear if the trial court considered wife's monthly income.

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.

Non-dog neighbors brought a malicious prosecution and abuse of discretion suit against dog - owning neighbors and their litigation attorney, with the attorney settling with non-dog neighbors for a pretrial amount of $ 17,500 and non-dog owners «lighting» up their neighbors with an award of $ 305,106.04 in economic damages (consisting of attorneys fees paid by non-dog owners to their counsel in the prior proceedings and malicious prosecution suit) and $ 25,000 in economic damages.

9:2 - 4 (c)(West 1996)(allowing a court, upon its own motion or for good cause shown, to appoint a guardian ad litem, an attorney, or both to represent a minor child, and granting the court the authority to award counsel fees to the guardian and / or attorney and to assess the costs between the parties); Ohio Rev. Code Ann.

For instance, parties may settle all of the financial and parenting issues and request that the Court decide on an award of counsel fees.

Salvador v. Uncle Sam Auctions & Realty, Inc. (30 A.D. 3d 861)- judgments awarding brokerage commission and counsel's fees affirmed; Supreme Court resolved key factual disputes in favor of broker based upon credible testimony; an award of counsel's fees was authorized by the contract; commission awarded in the amount of $ 87,500.00 and attorney's fees award in the amount of $ 44,500.00; Appellate Division declined to reduce the amount of counsel's fees awarded as excess legal work resulted in large part from unavailing and often unnecessary paths pursued and tactics employed by plaintiff; request for appellate counsel fees should be directed to court of original instance