Plaintiffs brought an action against defendants for advertising a bracelet as a revolutionary bracelet that uses the body’s “biofield” to improve strength and wellness. Alleging the advertising claims were false, plaintiffs sought injunctive relief and damages on behalf of all persons in the United States who purchased a bracelet. Defendants agreed to settle the lawsuit, […]
Attorney Fees Sought By Person Denied Social Services Who Prevails On A Writ.
If a person receives an unfavorable administrative decision when seeking social services, the exclusive remedy is a petition in the superior court. (Welfare and Institutions Code section 10962.) That statute also provides: “The applicant or recipient shall be entitled to reasonable attorney’s fees and costs, if he obtains a decision in his favor.” In this […]
U.S. Supreme Court Rules On Attorney Fees Issues In Two Patent Cases On The Same Day.
35 U.S.C. § 285 states: “The court in exceptional cases may award reasonable attorney fees to the prevailing party.” In 1982, Congress created the Federal Circuit Court and vested it with exclusive appellate jurisdiction in patent cases. For the next two decades, the Federal Circuit Court instructed district courts to consider the totality of the […]
Government Ordered To Pay Attorney Fees In Social Security Case.
The administrative law judge disregarded competent lay witness evidence on plaintiff’s social security claim. The Ninth Circuit held that under the Equal Access to Justice Act [EAJA; 28 U.S.C. § 1291], the district court abused its discretion when it denied plaintiff his attorney fees, stating: “To avoid an award of EAJA fees. . ., the […]
After Three Appeals To Collect Breach Of Contract Judgment, Sureties Pay.
Plaintiff obtained a judgment against defendants based upon breach of contract, and defendants appealed, obtaining a stay of execution by posting an undertaking. Later, they asked the appellate court to dismiss their appeal, but they failed to pay the judgment. Plaintiff made a motion in the trial court to enforce the undertaking, and the trial […]
Express Oral Findings Sufficient For FEHA Attorney Fees Award.
Plaintiff was employed by a university and terminated due to his harassment of a female employee after being given several warnings. In his action under the California Fair Employment and Housing Act (Government Code section 12900; FEHA), he contended his termination for harassment was a pretext for racial discrimination. Other than testifying he believed he […]
No Need To Look At Our Evidence Of Attorneys’ Fees; Take Our Word For It.
The trial court awarded $350,000 in fees and costs to class counsel after approving a settlement. In making its determination, the court reviewed some of class counsel’s billing records in camera, to which defendant did not object. On appeal, defendant contended class counsel failed to submit sufficient evidence to justify that the fee award was both […]
Factor At A Discount. Oh, What A Tangled Web We Weave.
A plaintiff was injured in a car accident and treated at first at Kaiser, and later at a surgery center on a “lien basis.” The bill for treatment at the surgery center was between $40,000 and $50,000. On the day of the surgery, the surgery center sold its account receivable and lien to a factor at […]
When Awarding Less Than Requested In Attorney Fees — District Court Must Explain Why.
Plaintiff requested $22,585 in attorney fees and costs, but the district court awarded only $14,268.50 without explanation. The Ninth Circuit reversed and remanded the matter, stating that it “requires that courts reach attorneys’ fee decisions by considering some or all of twelve relevant criteria set forth in Kerr v. Screen Extras Guild, Inc., (1975) 526 F.2d 67,” […]
Attorney Fees Reversed In Action Brought In Public Interest Which Was Voluntarily Dismissed.
Plaintiff Brought A Class Action In A Debt collection matter, but voluntarily dismissed it after defendant moved for a special motion to strike under the antiSLAPP statute, Code of Civil Procedure section 425.16. After it was dismissed, defendant sought attorney fees under section 425.16. Plaintiff argued defendants would not have prevailed in the motion to strike […]
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