Sentences with phrase «fee recovery»

In the area of fee recovery, a claimant must show fee entitlement, which generally focuses on a precise analysis of the fee clause wording and the claims upon which fees are sought.
This case shows how unique factual circumstances can drive cases, especially in the attorney's fees recovery area of the law.
However, the lower court only awarded them $ 525 in fees under Civil Code section 1717.5, which allows fee recovery for book accounts.
Octane Fitness and Highmark Deal With Substantive / Review Standard Issues Regarding «Exceptional» Circumstances Allowing Fee Recovery In Certain Patent Cases.
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Standard For Fee Recovery Under 42 U.S.C. § 2000e - 5 (k) At Issue, With Cert Petition Saying Different Thinking In Fourth, Ninth, and Eleventh Circuits.
June 9, 2010)(for publication) is an interesting Ninth Circuit decision regarding what fees are awardable under a civil rights settlement reserving fee recovery for post-settlement monitoring activities and whether the Laffey matrix (Laffey v. Northwest Airlines, Inc., 572 F.Supp.
Panelists also consider hot issues on attorney fees in class actions including fee recovery strategies, responding to fee challenges, and fee allocation issues.
Panelists also consider a host of hot issues on attorney fees in class actions including fee recovery strategies, responding to fee challenges, and fee allocation issues.
Although arguing Civil Code section 1717 did not allow for such an award, homeowner ignored the fact that the settlement agreement had an express provision allowing for post-judgment enforcement fee recovery based on the judgment entered as a result of the settlement.
In Baker Botts L.L.P. v. ASARCO, Inc., 135 S. Ct. 2158, 2169 (2015)[discussed in our June 19, 2015 post], SCOTUS held that bankruptcy estate counsel can not obtain fee recovery for defending the propriety of their fee applications under 11 U.S.C. § 330.
Well, that went away on appeal because the «tort of another» doctrine does not operate to confer fee recovery against some members in a multiple tortfeasor situation.
Then, he found a 1.5 positive multiplier was justified, such that the total fee recovery to Plaintiff's attorneys was $ 721,994.81.
Plaintiffs sought fee recovery under Labor Code sections 226 and 1194 (itemization / wage - hour provisions), but not expressly under Labor Code section 2699 (PAGA fee - shifting provision).
Plaintiff obtained a $ 481,100 fee recovery even though requesting a lodestar of $ 645,782 plus a 1.5 multiplier for a total request of $ 968,673.
The 2/1 DCA decided that a nonsignatory defendant did not show a basis for fee recovery after engaging in such an analytical review of the operative fee clauses and substantive lawsuit claims.
Ninth Circuit Disagrees with Seventh Circuit Over Fee Recovery for Compliance Activities and Also Reject That Laffey Matrix Had to Be Used in Determining Reasonable Hourly Rates.
2 Sept. 25, 2014)(unpublished) is a real imbroglio involving bankruptcy adversary and state court proceedings in which vexatious litigant orders and fee recovery orders were entered, eventually with an attorney for a vexatious litigant being added as a judgment debtor for purposes of certain vexatious litigant sanctions rulings.
A recent Federal Circuit Bar Association study has concluded that post - Octane / Highmark fee recoveries have surged after these important decisions.
$ 348,372 Is Broker Fee Recovery; However, CAR Clause May Need To Be Amended To Allow Routine Costs Recovery.
Two lessons are learned in this case: (1) the winning party must demonstrate that the losing party would have recovered under the contractual fee clauses vis - à - vis winning party in order to be entitled to a potential fee recovery; and (2) a writ of mandate is the exclusive mechanism to obtain review of a lis pendens expungement or associated fee award, rather than an appeal.
On February 4, 2015, the California Supreme Court will hear arguments in two prevailing defendant cases, one involving fee recovery and the second involving routine costs recovery.
Adopts Standing Order Requirement That Class Counsel Disclose Third Party Litigation Funding In Class Actions Main Fee Clause Interpretation, Homeowner Associations, Section 1717: Large Fee Recovery To Prevailing Defendants In Common Interest Development Parking Space Dispute With Other Homeowners Reversed»
Also, Prevailing Defendant Did Not Get Fee Recovery For Texas Counsel Work In California Litigation Where No Pro Hac Vice Admission Was Obtained.
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Usually, a winning SLAPP defendant has to apportion fees attributable to SLAPP activities, but this decision allows the trial judge to award extra-SLAPP fees as long as the other activities were «on the contract» under Civil Code section 1717 for purposes of fee recovery in the entire litigation matter.
1 Mar. 28, 2017)(unpublished), a FEHA plaintiff accepted a CCP § 998 offer, reserving fee recovery to the trial judge.
Panelists take an in - depth look at fee entitlement and fee recovery for attorneys representing insurers and corporate policyholders.
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The bottom line was that the litigant in State Center Community College (a community college district) properly relied on this doctrine in a contract case at the trial court level to garner a fee recovery of $ 581,335.91, plus the opportunity to reap some more fees for winning on appeal.
In extensive reasoning, the 4/3 DCA panel concluded that section 5235 (c) only allows for routine costs to be awarded, reversing the fee recovery.
This is based on the argument» [t] here is no reason why the client's fee recovery ought to be reduced because she has negotiated a favourable rate with counsel, so long as the total of the indemnity does not exceed the fees actually charged».3
That meant the fee recovery had to be deleted as to the individual defendants.
It did prevail eventually, but the trial judge concluded no fee recovery was allowable because the assertion of an affirmative defense did not fall within the definition of the option agreement fees clause allowing recovery when «an action» or «a proceeding» was brought.
Oct. 27, 2015)(published) is a good reminder to plaintiffs winning SLAPP motions and obtaining infrequent fee recovery because the SLAPP motion was frivolous: make sure the lower court makes an adequate record for fee recovery below.
Then, with respect to the fee recovery issue, there could be no prevailing party given the settlement dismissal found above, relying on Santisas v. Goodin, 17 Cal.4 th 599, 614 - 615 (1998)[one of our Leading Cases].
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