Then, under CCP § 1021.5 (the private attorney general statute), the trial
judge awarded fees of $ 6,160,416, although determining that no fees were allowable under Labor Code section 2802 based on plaintiffs» abandonment of certain claims.
The trial
judge awarded fees of $ 116,925 after characterizing it as a «typical» case (although this was inclusive of a.5 multiplier).
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.
Not exact matches
One would have limited the time an agency can delay a court - ordered release of information while drafting an appeal to two months; the other would have let
judges award attorney
fees to individuals who win cases against agencies that deny them information.
Currently, the public officers law states that a court «may»
award legal
fees — leaving the decision up to a
judge — rather than «shall,» a word change that would effectively penalize state agencies that willfully disregard disclosure law.
A. 1438B (Paulin / Gallivan) requires
judges to
award attorney's
fees when a member of the public «substantially» prevails in a Freedom of Information lawsuit.
In order to cover the organisation of the event and the coordination of the nominations, and
judging, all applicants have to pay an admin
fee — but this is tiered, so that individuals pay less than large companies — to allow everyone to be involved in the
Awards.
Discussing
awards schemes open for self - published authors, Ross said that there are manyf schemes starting up that are «problematic» as they are simply «money - making schemes» that charge high entry
fees, ahve self - appointed
judges and «offer nothing in the way of anything useful.»
What if the
judge awards the entire business to be liquidated and returned to the shareholders minus the merger
fee's that were agreed upon.
In a decision that could have major effects on the process of authenticating artworks in the United States, a New York Supreme Court
judge has dismissed a lawsuit against Pace Gallery founder Arne Glimcher and the Agnes Martin catalogue raisonné committee, and
awarded them the cost of their legal
fees, Artnet News reported.
The application
fee is # 16.00 There is no age limit, applicants will be
judged on the quality of their work, and the ability of the
award to make beneficial impact on their practice and future development.
The
judge also
awarded Pace and the committee members the full cost of their legal
fees.
It includes the capability to analyze damages
awarded by a particular
judge, in a certain court and of a certain type, such as attorneys»
fees or infringement damages.
A related state code, the Disabled Persons Act, allows a plaintiff to recover three times the actual damages, or a minimum of $ 1,000, with attorneys»
fees awarded to the prevailing party at the
judge's discretion.
By using these metrics,
judges felt comfortable building up a reasonable legal
fees award that was capped at the 20 to 25 per cent level, sometimes 30 per cent but rarely, if ever, approved at the one - third level.
The lower court
judge awarded $ 510,000 in
fees and $ 64,000 in costs, roughly half the value of the estate.
While a trial
judge has wide discretion to determine the appropriate amount of a
fee award, the SJC said, it was sending this case back because the
judge appeared not to have evaluated the lawyers» billing records.
Therefore, if a victim of discrimination took two years to find another job, based on the new human rights principles, a
judge could
award her two years» wages, and her legal
fees, whereas that same individual may previously only have been entitled to a few months» pay.
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.
The Arizona Court of Appeals in the Myrick v. Maloney case provided a good discussion from the court of appeals regarding a
judge's discretion to balance both factors (reasonableness and disparity in financial resources) to
award or decline an
award of attorneys
fees.
From what I have been able to find, this is the first published opinion in which a federal
judge expressly
awarded fees to cover the cost of technology - assisted review.
Third, the trial
judge did factor in the failure to seek ADR, but this did not dispositively impact the
fee award in this situation.
Attorney Keith L. Miller has tried c. 93A claims to
judges and juries and has obtained
awards, including multiple damages and attorney's
fees.
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.
The trial
judge only
awarded $ 1,500 for «
fees on
fees» based on a lack of detail.
Judge Silver expressed her exasperation with Goodyear's conduct by using her inherent authority to
award $ 2.7 million in attorney
fees and costs as well as ordering Goodyear to file a copy of her order sanctioning its behavior in any subsequent G159 litigation.
As far as reasonableness of
fees, the trial
judge did discount for duplicative work between the two attorneys» SLAPP motions, including a substantial reduction for attorney # 2's
fees — inefficiency / duplicative efforts were indeed factored into the ultimate
awards.
The amount of money that is
awarded for these damages is usually determined by a jury, although a
judge must often approve the final verdict, sometimes adding interest and attorney's
fees to the total.
Although a voluntarily dismissal usually has adverse consequences, a different matter in the SLAPP context — the trial
judge still has to determine if the SLAPP motion had merit in order to justify a
fee award.
-- 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.
The divorce
judge awarded wife half the marital assets in the amount of $ 2.5 million dollars, plus $ 12,000 a month in spousal support and $ 35,000 for her attorney's
fees and costs.
granted, No. 14 - 103, before the U.S. Supreme Court, centers upon the issue of whether Section 330 (a) of the Bankruptcy Code grants bankruptcy
judges discretion to
award compensation for the defense of a
fee application (i.e.,
fees for
fees).
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.
Two months ago,
Judge Gale
awarded OTB $ 38,000 in attorneys»
fees as sanctions for the Doan firm's failure to comply with discovery orders, as is described on the North Carolina Business Litigation Report blog.
But elsewhere in February, federal
judges in two states slapped separate Medtronic divisions with huge attorneys»
fees awards over their litigation tactics in patent cases — one in Massachusetts for $ 10 million - plus and another in Colorado expected to total several million dollars.
As the article reports, a federal
judge awarded $ 957,710 in attorney
fees, plus costs and prejudgment interest, to Skadden Arps for its pro bono representation of a group of waiters, busboys and captains who sued their restaurant - employer for unlawfully witholding tips in violation of the Fair Labor Standards Act and the New York Labor Law.
The
judge awarded $ 25 plus $ 9,000 in attorneys»
fees and $ 2,170 in costs.
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.
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.
Last Friday,
Judge Breyer
awarded $ 175 million in attorney's
fees and costs to the plaintiffs» lawyers, Courthouse News Service reports.
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.
With respect to the size of the
fee award, the appellate court was «not unmindful» of this factor, but gave credence to the trial
judge's assessment that plaintiff used a classic «shotgun» litigation strategy, so he bore substantial responsibility and should have expected Bank would incur substantial
fees.
However, a trial
judge has discreton to dny a plaintiff costs (
fees included) where the judgment could have been rendered in a court of lesser jurisdiction, meaning the compensatory
award is $ 25,000 or less.
Supplemental
fees for posttrial and appellate work are allowed under interpretative case law, with the trial
judge exercising judgment in reducing for what he deemed to be excessive work when fashioning his $ 15,000
award.
A Superior Court
judge awarded our client $ 661,000 in attorneys»
fees.
Tenant requested attorney's
fees based on a $ 150,000 lodestar but the trial
judge awarded only $ 10,000 after observing that there were questionable billing practices by the prevailing party's attorneys, only about $ 25,000 in claims were involved on both sides, tenant was unsuccessful on some claims, and there were contentious skirmishes of an unreasonable nature.
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).
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....
While
awarding costs is always in the discretion of the presiding
judge, as a rule of thumb litigants can expect to receive a cost
award that reflects 40 % — 70 % of the
fees they actually incurred.