Sentences with phrase «fee motion»

Administrative Order Designating Circuit Judge to Preside Over Excess Fee Motions for Marion County

We would note that this decision likely has repercussions in fee substantiation provided in fee motions or in trials with respect to litigants preferring to make redactions for purposes of protecting privileged billing entries.

Don't think for one moment that trial judges presiding over fee motions do not factor in each side's conduct (during the litigation and in performing any settlement) when making their decisions.

In a case which may have some implications on billing substantiation submitted in support of fee motions, the California Supreme Court — in a California Public Records Act case — decided on a 4 - 3 vote that the attorney - client privilege does not categorically shield from PRA disclosure billing invoices sent by clients in concluded, nonactive cases because legal consultation was not the purpose of the invoices.

Plaintiff made a technical argument that Bank waived a right to claim fees by not checking a box in its costs memorandum indicating it would be claiming fees; this one was rejected for a lack of prejudice — there was a filed fee motion which was brought and fully contested such that there were no due process concerns.

However, it remanded to the trial judge to explore whether fees were justified under a renewed fee motion because plaintiff was a catalyst for changing City changing its behavior (it was looking into amendments of the general plan) because of and in the manner sought by the litigation.

Read «Does Legal Fees Motion in $ 590M Citigroup Case Include $ 1K Per Hour for Low - Paid Contract Lawyers?»

The trial judge then entertained dueling attorney's fees motions from both sides under Civil Code section 1717 based on contractual fee clauses.

The trial judge had awarded prevailing City $ 266,870.40 in fees, primarily the lodestar request plus a 10 % enhancement (including work on a cross-complaint) and only $ 2,250 for «fees on fees» work (presenting the fee motion for adjudication).

The trial court was not persuaded and denied the fee motions.

KF: Often when presented with a fee motion at the conclusion of a litigation, I see district court judges characterize it as the «tail wagging the dog.»

Plaintiff recovering a $ 7.1 million jury verdict on a fiduciary duty aiding / abetting count was not happy when a fees motion was denied.

I hope that the Supreme Court's decision in Octane will encourage district courts to devote reasonable time and resources to fee motions, and to treat these motions as an important and integral part of the proceeding.

The fee motion was correctly denied based on Santisas [a case on our «Leading Cases» list].

In opposing Garmin's fee motion, RCDI had been relying heavily on the now - overturned decision denying ADS's fees.