1979 (2016): SCOTUS sets forth flexible factors to be weighed for purposes of
district judges awarding fees to a prevailing party under the Copyright Act's fee - shifting provision, 17 U.S.C. § 505.
As a child of the deceased, Mrs Ilott made an application for reasonable financial provision under the Inheritance (Provision for Dependents) Act 1975 (the 1975 Act) and on 7 August 2007
the district judge awarded her a lump sum of # 50,000.
Aug. 10, 2017)(published)(Hughes, J.),
a district judge awarded a prevailing defendant over $ 3.9 million in attorney's fees under Section 285 of the Patent Act (35 U.S.C. § 285).
The district judge awarded prevailing defendants attorney's fees totaling $ 5,213,117.06, although denying the defense request for supplemental fees.
What happened below is
the district judge awarded over $ 1.6 million in fees to the defense after finding the case to be «weak.»
Not exact matches
At trial, a federal jury in Manhattan in 2014
awarded the EMI companies nearly $ 48.1 million, a sum U.S.
District Judge William Pauley in Manhattan later reduced, resulting in a $ 12.2 million judgment against Robertson.
Since his last re-election, Clarke has openly supported Republican causes on local and national right - wing media outlets; proudly trumpets on official Milwaukee County letterhead his 2013
award from the Constitutional Sheriffs and Peace Officers Association, whose leader suggested using women and children as human shields during Nevada rancher Cliven Bundy's standoff with federal agents; accused Milwaukee County Executive Chris Abele of having «penis envy» and being on heroin when crafting the county budget and needing to be drug tested; blasted Milwaukee County
District Attorney John Chisholm and Chief
Judge Jeffrey Kremers for being «soft on crime»; provided minimal protection for President Obama during his 2012 visit; employs former Scott Walker spokeswoman Fran McLaughlin, who was given criminal immunity over her role in Walker's mixing of campaign and county business; and created pro-gun public service announcements.
USA Today: Ruling lets S.C. students earn credit for religion classes In a ruling that advocates called «a tremendous victory for religious education,» a three -
judge panel of the 4th Circuit U.S. Court of Appeals upheld the right of a school
district to
award high school credit for religious courses, as long as they meet secular standards.
The
judges praised Houston for having the highest SAT participation rate among the urban
districts competing for the
award.
For the past 20 years, the Magna
Awards panel of independent
judges has reviewed programs that showcase school
district leadership, creativity, and commitment to student achievement.
Appeal from judgment entered by the United States
District Court for the Southern
District of New York (Mark D. Fox, Magistrate
Judge), which held that defendant Board of Education of the Newburgh Enlarged City School
District intentionally discriminated against plaintiff Santina Polera in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, and
awarded damages to plaintiff.
Attacked by two pit bulls while walking to work in November 2015, Joseph Mooring of Bryan, Texas on January 27, 2017 won the second - highest
award in a Texas dog attack case: $ 5.1 million for permanent nerve damage to his right leg and forearm, levied not by a jury but by 85th
District Court
Judge Kyle Hawthorne.
Representing bereaved mother Serena Clinton, retired Tyler
district judge Cynthia Stevens Kent in September 2010 won the Texas record jury
award in a dog attack case of $ 7 million against pit bull owners Rick and Christi George of Leveritt's Chapel in Rusk County.
Last Tuesday, on November 18, just a few days after the November 14 seizure of the dogs, a
judge awarded custody of dogs seized in Harris County to Harris County Public Health and Environmental Services Dept. Assistant
District Attorney Belinda Smith told Animal Law Coalition these dogs have already been euthanized.
Highlights of the evening included a welcome speech by Houston - based photographer and Gala Emcee Emily Peacock, the
awards ceremony with introductions by Valerie Cassel Oliver, Curator of Modern and Contemporary art The Virginia Museum of Fine Arts and Andrea Grover, Executive Director of Guild Hall, NY and founder of Aurora Picture Show, a champagne toast by the Honorable Vanessa Gilmore, United States
District Judge, and deeply moving and personal acceptance speeches by the night's honorees Trenton Doyle Hancock and Lynn Goode, as well as the Texas Artist and Patron of the Year
awards, which were created by Patrick Turk, and Terrell James / John Caloway.
There is at least one bright spot for Willis: Patricia H. Robertson, the Travis County Assistant
District Attorney, said yesterday that she will ask a
judge to
award the $ 365,000 recovered thus far to Willis.
U.S.
District Judge Anthony Battaglia entered the fee
award after determining that the plaintiffs» claims «were objectively baseless and brought in subjective bad faith.»
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.
Federal Rule of Civil Procedure 45 (c)(1) allows a
district judge issuing a subpoena to
award appropriate sanctions, including lost earnings and reasonable attorney's fees, against a party or attorney responsible for issuing and serving a subpoena that imposes «undue burden or expense» on a person subject to the subpoena.
On September 3, 2015,
Judge Berman of the
District Court overturned the suspension, on the basis that there were «significant legal deficiencies» with the Commissioner's
award.
Following trial in December 2007, the federal
district court on January 16, 2008
awarded judgment to
Judge Kendall, held the Commission lacked authority to remove members of the judiciary, and permanently enjoined the Commission from proceeding against
Judge Kendall.
-- authored by Circuit
Judge Hurwitz [majority decision] and concurring opinion by Circuit
Judge Reinhardt; discussed in our Oct. 10, 2015 post:
District court in Civil Asset Forfeiture Reform Act case which substantially reduced fee request was reversed based upon its reliance on inapt practice area hourly rates, upon its discounts for plaintiff's attorneys not delegating tasks to associates given that only small firms prosecuted these type of cases, and upon its use of stale prior fee
awards involving fee claimant's attorneys.
Today,
Judge Raymond A. Jackson of the Eastern
District of Virginia
awarded supplemental damages, bringing the historic jury verdict obtained by Morgan Lewis on behalf of San Jose - based ActiveVideo Networks (AVN) against Verizon to nearly $ 140 Million (more...)
Judge William G. Young At the recent annual meeting of the Massachusetts Bar Foundation, U.S.
District Judge William G. Young, in accepting the Great Friend of Justice
Award, delivered a thoughtful and impassioned speech decrying the decrease in jury trials in the federal courts.
This they did, with the fortunate outcome (for the charities) that the original
award of
District Judge Million was reinstated and the state of the law, as it was understood to be before the maverick decision of the Court of Appeal, was in effect reaffirmed.
The
district judge at trial agreed with Jones and, having found the presumption rebutted, considered what was «fair and just» with regard to the course of dealings between the parties,
awarding Jones a 90 % share in the property.
As it was, the court muddied the waters by reinstating
District Judge Million's
award.
U.S.
District Judge Royce Lamberth
awarded damages to about 80 plaintiffs in the suit against the Iranian government, Law360 reports.
As we have observed before, federal courts generally require more detailed substantiation in support of fee requests and require
district judges to explain their fees
awards with some specificity.
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.
U.S.
District Court
Judge Awards Over $ 2.5 Million In Fees And Costs To Lawyers Representing Two Plaintiffs In U.S. Foreign Intelligence Surveillance Act Case Main In The News....
He also served as a Judicial Extern for then Chief
Judge of the United States Bankruptcy Court
District of Nevada Mike K. Nakagawa; served as a mediator at the Saltman Center for Dispute Resolution; and received the Cali
Award in his Lawyering Process III course.
Others include the Outstanding Service
Award from the Kansas Bar Association; the Warren W. Shaw Distinguished Service
Award from the Topeka Bar Association; the Kay McFarland
Award from the Women Attorneys Association of Topeka; the National Highway Traffic Safety Administration National Public Safety
Award; and the Community Outreach and Education
Award from the Kansas
District Judges Association.
The problem was that attorney failed to keep contemporaneous time records, such that the
district judge even on remand sustained the fee
award based on her «personal observation» of the attorney's work.
The highlight of the annual meeting will be the presentation of the MBF's Great Friend of Justice
Award to U.S.
District Judge William G. Young.
The key legal argument with which Apple's filing, shown further above, urges
Judge Koh to enter a partial final judgment is that the Federal Circuit, in its mandate to the
district court, directed «immediate entry of final judgment on all damages
awards not predicated on Apple's trade dress claims.»
The
District Judge had also expressly considered impact on Mrs Ilott's benefit entitlement twice in his judgment, making his
award for her to replace worn household furniture and so recognising that she needed not to have over # 16,000 in savings to remain below the relevant threshold for means tested benefits entitlement.
HONORS &
AWARDS: Presiding
Judge, Third
District Illinois, Appellate Court, 1993, 2000, 2005 Distinguished Alumni
Award, The John Marshall Law School, 1990 Outstanding Freshman Representative, Illinois General Assembly, 1985 1st LT. in U.S. Army Graduate of Infantry Officer Candidate School Recipient, Bronze Star in Vietnam
A
district judge would go on to lower the
award amount to $ 1.5 million while upholding the verdict.
In a judgment on 1 March,
Judge Richard Leon in the US
District Court for the
District of Columbia confirmed the
award, which Vancouver - based Rusoro obtained in 2016 in a claim under the Canada - Venezuela bilateral investment treaty financed by Calunius.
However, all circuit
judges on the panel agreed that the fee
award was justified, given the
district judge found Omega was trying to exert unwarranted control over watches where copyright protection did not exist — a rationale allowing for fee shifting by the lower federal court.
1749, 1756, 1758 (2014), defining the flexibility given
district judges to decide whether a patent case is exceptional for purposes of a fee
award under 35 U.S.C. § 285.
The reasons for reversal had to do with the fact
district judges have to explain the bases for an
award and «show the math» in more rigorous fashion than California trial
judges, who do not even have to issue a statement of decision.
Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14 - 1513 (U.S. Supreme Court June 13, 2016) found that the flexibility in making determinations and the rejection of the clear and convincing standard for fee cases should also guide
district judges in their
award of enhanced damages under section 284.
1749 (2014) has been a real game changer as far as increasing the case - by - case discretion conferred on
district judges to determine if a case is exceptional for purposes of
awarding fees against a losing patent infringement litigant.
As stated in other cases, a special costs
award goes beyond indemnity and enters the realm of punishment: 380876 British Columbia Ltd. v. Ron Perrick Law Corp., 2009 BCSC 1209 at para. 14, relying on Fullerton v. Matsqui (
District)(1992), 74 B.C.L.R. (2d) 305 (C.A.) where evidence presented by one party was calculated to mislead the
judge and jury.
Then, consistent with the charge to
award fees under section 505 as necessary to vindicate copyright rights, the
district judge then sliced 50 % from the remaining amount.
The
district judge recounted numerous decisions
awarding rates in the $ 350 - 750 range for associates / very experienced partners or attorneys.
Clerked for the Honorable Andre M. Davis on the U.S. Court of Appeals for the Fourth Circuit and for Magistrate
Judge Stephanie A. Gallagher on the U.S.
District Court for the
District of Maryland; recipient of the 2013 Elizabeth Maxwell Carroll Chesnut Prize for her scholarship, personal drive, and excellence in writing;
awarded The Order of the Barristers for trial and appellate advocacy.
Faculty The Honorable Avern L. Cohn, Senior
Judge, U.S.
District Court for the Eastern
District of Michigan The Honorable Frank Maas, Chief Magistrate
Judge, U.S.
District Court for the Southern
District of New York The Honorable Lisa M. Smith, Magistrate
Judge, U.S.
District Court for the Southern
District of New York Course Description A panel of sitting federal
judges address a range of issues in
awarding attorney fees and expenses in large, complex litigation in federal court.