59 results for 'cat:"Settlements" AND cat:"Attorney Fees"'.
J. Anello awards the borrower $82,000 in attorney fees after agreeing to a $40,000 settlement in his case alleging that the mortgage company inaccurately reported to credit agencies that he was behind on his payments. The mortgage company's settlement offer did not state that attorney fees or costs were included, so the borrower is entitled to an award of attorney fees as the prevailing party.
Court: USDC Southern District of California, Judge: Anello, Filed On: November 29, 2023, Case #: 3:22cv345, NOS: Consumer Credit - Other Suits, Categories: settlements, Banking / Lending, attorney Fees
J. Staton partially grants the consumers' motion for attorney fees for their complaint asserting that Mercedes-Benz USA sold them a vehicle with serious defects, including “powertrain system defects, engine defects and other serious nonconformities.” The consumers' counsel submits reasonably detailed billing records for 30.7 attorney hours for three attorneys, but their claim that their possibly delayed time spent on a $59,000 settlement offer does not justify the costs incurred after Jul. 10, 2023, when MBUSA removed this case to federal court.
Court: USDC Central District of California, Judge: Staton, Filed On: November 28, 2023, Case #: 2:23cv5532, NOS: Other Contract - Contract, Categories: settlements, attorney Fees, Contract
J. Hornsby grants summary judgment to the estate of the decedent’s mother, and against his living brother, awarding a total of $480,000 insurance annuity payments to her estate. The living brother is a tertiary beneficiary; however, absent express language in the annuity to the contrary, if a primary beneficiary dies after the insured, but before all proceeds are paid to her, the estate of the primary beneficiary, not a secondary or tertiary beneficiary, is entitled to the proceeds. There was no such express language in the annuity contract or other relevant documents, so the estate of the mother is entitled to all remaining payments due under the annuity.
Court: USDC Western District of Louisiana , Judge: Hornsby, Filed On: November 16, 2023, Case #: 5:23cv158, NOS: Insurance - Contract, Categories: Insurance, settlements, attorney Fees
Per curiam, the circuit finds that the district court properly imposed sanctions in upholding a settlement concerning attorney fees since the order of settlement specified the fee amount, and the argument that attorney incompetence invalidated the agreement constituted a collateral attack on the judgment. In light of other frivolous actions on the record, future appeals or filings relating to the case cannot be brought without obtaining leave of the court. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: October 31, 2023, Case #: 21-2961-cv, Categories: Sanctions, settlements, attorney Fees
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J. Riley finds that the trial court improperly ruled in a divorce action. Under the parties' settlement agreement, the husband did not have to disclose cryptocurrency transactions, and those assets are not subject to division. In addition, the husband failed to demonstrate he is entitled to attorney fees. Reversed in part.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: October 27, 2023, Case #: 22A-DR-2685, Categories: Family Law, settlements, attorney Fees
J. Lipman approves the proposed settlement in this antitrust case alleging that the Varsity defendants "maintained monopoly power" in the all-star cheerleading market. The court finds the settlement to be "fair, reasonable and adequate, and in the best interest of the Settlement Classes." The direct purchaser plaintiffs' motion for attorney fees will also be granted.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: October 4, 2023, Case #: 2:20cv2600, NOS: Antitrust - Other Suits, Categories: Antitrust, settlements, attorney Fees
J. Wu grants final approval of a $5.5 million settlement that will bring an end to a class action accusing T-Mobile of conducting background checks on its workers without proper authorization or disclosures, as well as other wage-and-hour violations under the California Labor Code. Class counsel seeks $1.8 million in fees, which is above the 25% benchmark set by the Ninth Circuit. Such above-benchmark fee awards are reserved for cases involving more litigation than was involved here. Class counsel is instead awarded $1.4 million in fees.
Court: USDC Central District of California, Judge: Wu, Filed On: October 3, 2023, Case #: 2:21cv2268, NOS: Other Labor Litigation - Labor, Categories: settlements, attorney Fees, Class Action
J. Massing affirms the determination that only some of the funds of a settlement, in a separate action, in favor of a person who committed a sexual assault against someone, should be given to the victim, because part of the settlement funds are meant to go to the offender’s lawyers in his separate action.
Court: Massachusetts Court Of Appeals, Judge: Massing, Filed On: September 7, 2023, Case #: 22-P-729, Categories: settlements, attorney Fees, Assault
J. Gilstrap grants as modified the motion for attorney fees incurred by the class members for the specified period in connection with enforcement of a consent decree that settled claims of "illegal traffic stops, detentions, searches, and seizures" of members of racial or ethnic minority groups. The class is entitled to $16,020 in fees.
Court: USDC Eastern District of Texas , Judge: Gilstrap, Filed On: August 23, 2023, Case #: 2:08cv288, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, settlements, attorney Fees
J. Lynch finds that the district court improperly approved the settlement in class claims contending New York Times' automatic renewal policy violates California consumer law. Access codes for free one-month subscriptions to select products were not coupons, and thus provisions of the class action fairness act were not activated, resulting in a "substantial" attorney fee award of $1.25 million. However, lead plaintiff was properly awarded a $5,000 incentive fee. On remand, attorney fees should be recalculated.
Court: 2nd Circuit, Judge: Lynch, Filed On: August 17, 2023, Case #: 21-2556-cv, Categories: settlements, Consumer Law, attorney Fees
J. McFarland grants the employee's motion to enforce the settlement, ruling that it is undisputed the employer violated the agreement when it failed to make any payment and it is therefore ordered to pay $24,000 or face sanctions. Additionally, the employee's request for attorney fees related to the motion to enforce is reasonable and will be granted in the amount of $3,300.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: August 2, 2023, Case #: 1:20cv799, NOS: Fair Labor Standards Act - Labor, Categories: settlements, attorney Fees, Labor
J. Copenhaver grants the proposed settlement reached between the owners of a Charleston Barbeque restaurant and one of its employees seeking unpaid overtime and minimum wages under the Fair Labor Standards Act. Under the March 23 agreement, the employee will receive an award of $7,500, and his attorney will be reimbursed $402 in court costs and $10,000 in attorneys fees to be paid in monthly installments.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: August 1, 2023, Case #: 2:22cv111, NOS: Fair Labor Standards Act - Labor, Categories: Employment, settlements, attorney Fees
J. Rice finds that the trial court properly enforced a settlement agreement requiring the sale of a parcel to the owner of an adjacent property by a specific date for $170,000 or an appraised value, whichever was higher. The owner of the adjacent property failed to satisfy the conditions of purchase by the specific date, so under the doctrine of equitable conversion a subsequent fire that destroyed a residence on the parcel did not void the sale. And the seller was due an award of attorney fees as the prevailing party in a specific enforcement lawsuit. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: July 18, 2023, Case #: DA 22-0487, Categories: Property, settlements, attorney Fees
J. Helmick grants the unopposed motion to approve the settlement, ruling that the agreement will compensate underpaid employees fairly and was the result of good faith negotiations by all parties. Meanwhile, the lead attorney of the class is entitled to one-third of the total settlement in fees and, therefore, is awarded $500,000 in fees.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: July 7, 2023, Case #: 3:20cv2340, NOS: Fair Labor Standards Act - Labor, Categories: settlements, attorney Fees, Labor
Chancellor McCormick awards $75,000 to counsel for a shareholder who challenged the fairness of a merger of health care corporations. The parties settled the dispute with the issuance of minimal supplemental disclosures, and the award was much less than the $1.1 million sought by counsel, signalling that these kinds of cases are "not worth the attorneys' time."
Court: Delaware Chancery Court, Judge: McCormick, Filed On: July 6, 2023, Case #: 2021-0202-KSJM, Categories: Corporations, settlements, attorney Fees
J. Beetlestone grants in part Five Below’s motion for an award of legal costs after a jury ruled in its favor in a case with a hand sanitizer producer who failed to meet the requirements of the parties’ contract during the Covid-19 pandemic. Five below is entitled to reimbursement for costs incurred over transcript fees, travel and lodging, and other court costs.
Court: USDC Eastern District of Pennsylvania, Judge: Beetlestone, Filed On: June 21, 2023, Case #: 2:21cv1406, NOS: Other Contract - Contract, Categories: settlements, attorney Fees, Contract
J. Gilliam Jr. grants final approval to a $155,000 settlement with SoFi Lending over claims that it engaged in lending discrimination against non-U.S. citizens. The terms appear fair and reasonable and include $300,000 in attorney fees. Although the fees are almost double the settlement amount, they are fair given the lending practice changes that the legal team helped broker.
Court: USDC Northern District of California, Judge: Gilliam Jr. , Filed On: June 8, 2023, Case #: 4:20cv3386, NOS: Other Civil Rights - Civil Rights, Categories: settlements, Banking / Lending, attorney Fees
J. Lobree finds the trial court properly reversed its award of attorney fees to the holding company upon the beneficiary's motion for reconsideration in a probate dispute with his aunt over real estate previously held by his deceased father, as the parties' settlement agreement does not contain a clear provision for recovery of those fees.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: June 7, 2023, Case #: 21-1088, Categories: settlements, Wills / Probate, attorney Fees
J. Griggsby approves a class action settlement and grants an award for attorney’s fees and costs in this case alleging telephone consumer protections violations by a cloud tech firm. The class of phone call recipients, claiming unlawful solicitation by the firm, was well represented by experienced counsel and presented reasonable figures for the settlement, including over $900,000 in costs alone.
Court: USDC Maryland, Judge: Griggsby, Filed On: June 1, 2023, Case #: 8:19cv1234, NOS: Other Statutory Actions - Other Suits, Categories: settlements, attorney Fees, Class Action
J. Copperhite recommends an award for attorney fees and costs for over $1 million to one law firm after a second firm failed to provide evidence of expenditures related to a contract between the two. The first firm referred asbestos litigation clients to the second, and the parties agreed to share the awards from settlements. However, the second firm did not share any monies from 2,174 settlements.
Court: USDC Maryland, Judge: Copperhite, Filed On: May 22, 2023, Case #: 1:17cv2972, NOS: Other Contract - Contract, Categories: settlements, attorney Fees, Contract