It started out the usual way. Lawyer had the temerity to sue client for fees, and client promptly cross-complained for legal malpractice in the handling of the underlying marital dissolution action. Lawyer turned around and cross-complained against other lawyers who gave counsel in the settlement of the underlying action. The trial court granted a motion […]
Burden Of Proof Shifts In Equitable Contribution Action.
After a construction defect action settled, one insurer brought an action for equitable contribution against another insurer. The trial court ordered defendant to pay 43 percent of the defense costs and settlement as well as prejudgment interest. The appellate court stated “the burdens and proof are altered somewhat when one insurer with a defense duty […]
No Prevailing Party Fees For Work Done By “Of Counsel.”
May a law firm recover attorney fees under a prevailing party clause when the firm is a successful litigant represented by “of counsel?” An appellate court held that “because the relationship between a law firm and ― “of counsel” is close, personal, regular, and continuous, we conclude that a law firm and ― “of counsel” […]
Ungrateful Client.
Lawyer represented client in employment litigation resulting in a $62,246.74 judgment in the client’s favor after a jury trial. The trial court awarded $300,000 for attorney fees, whereupon the client substituted the lawyer out of her case and represented herself in propria persona. The lawyer moved for an order that the attorney fees be made […]
Abuse Of Discretion To Reduce Number Of Attorney Hours When Considering Award Of Attorney Fees.
In a social security case, the lawyer requested compensation under the Equal Access to Justice Act [EAJA; 28 U.S.C. §2412(d)]. The magistrate determined the 60.5 hours the claimant’s attorney spent working on the case were excessive. He reduced the number of hours to 41.1. The Ninth Circuit reversed and stated: “We hold that it is […]
Losing Party Hires Private Investigator To Search For Undisclosed Conflicts With Arbitrator.
In a lot line dispute with neighbors, the losing party brought suit against his lawyers believing their negligence was the cause of the “disastrous results.” The client demanded arbitration with JAMS, and the lawyers counter-claimed for unpaid fees and costs. The arbitrator found the client lacked credibility, and eventually awarded the lawyers $289,028.85. “Shocked” by […]
Appeal Dismissed When Husband Refused To Disclose His Finances.
The first paragraph of the opinion says it all: “In this marital dissolution action, the trial court orders husband to pay wife’s attorney fees and costs pursuant to Family Code section 2030. Husband appeals and contends the evidence of his financial circumstances is insufficient. Perhaps. But here sufficiency of the evidence is beside the point. […]
No Fees To Class Counsel Who Committed Ethical Violation By Representing Clients Whose Interests Were Conflicting.
Plaintiffs filed an antitrust class action against a publishing company. At the outset of the litigation, lawyers entered an “incentive agreement” with some of the plaintiffs whereby the firm would apply to the court for a fee award based on recovery against West Publishing. The agreement provided “If the settlement amount was greater than or […]
Frosted Mini-Wheats’ Class Action Settlement Reversed And Vacated.
A false advertising class action was filed against Kellogg Company after the company marketed Frosted Mini-Wheats cereal claiming it was scientifically proven to improve children’s cognitive functions for several hours after breakfast. When the action was settled with the trial court’s approval, there was a provision that any funds remaining would be donated to charities […]
Dismissal Of Appeal Rejected & Jury Award Upheld After Work Comp Benefits Deducted.
Response by the Court of Appeal when the parties notified the court the matter had been settled: “The parties stipulated to a dismissal of the appeal on the day before the matter was initially set for oral argument based on a proposed settlement. We rejected the stipulation and re-calendared oral argument because we determined that […]
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