989 results for 'cat:"Attorney Fees"'.
J. Pena finds that the appellant's appeal is moot as it relates to possession of the property and dismisses that part of the appeal in this forcible detainer action. The appellant "does not dispute he is no longer in possession of the premises," and he fails to present a meritorious claim to possession. As to the issue of attorney fees, the evidence does not sufficiently support the award. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: April 18, 2024, Case #: 13-22-00349-CV, Categories: Real Estate, attorney Fees, Contract
J. Contreras grants the appellant's motion for rehearing and replaces the prior opinion with the current opinion, holding that the lower court properly granted the appellee's motion to dismiss this breach of contract lawsuit pursuant to Rule 91a. The court concludes that "attorney immunity applies" to the case, meaning the claim had no basis in law. The judgment is modified, however, as to the award of attorney fees. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: April 18, 2024, Case #: 13-23-00122-CV, Categories: Civil Procedure, attorney Fees, Contract
J. Meyer holds that the trial court properly ruled for a property owner who claimed his neighbor breached an agreement that settled their easement dispute. The neighbor refused to pay for an agreed-upon cattle guard and he placed a gate across an easement road, and then he failed to timely respond to the property owner's motion for summary judgment. However, the trial court erred in dismissing the neighbor's trespass claim on standing grounds. Also, an attorney fee award to the owner for pressing his summary judgment motion was proper but the owner was also entitled to fees for defending against the neighbor's motion for reconsideration. Vacated in part.
Court: Idaho Supreme Court, Judge: Meyer, Filed On: April 17, 2024, Case #: 49628, Categories: Property, Settlements, attorney Fees
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Per curium, at issue in this insurance dispute is the amount of the attorney fees awarded to the insureds. The insurance company claims the awarded amount is unreasonable, arguing the rates and number of hours billed by the insureds is excessive. The instant court finds the matter should be remanded to the lower court for further consideration. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: April 17, 2024, Case #: 3D23-0940, Categories: Insurance, attorney Fees, Contract
J. Harrison finds the circuit court properly denied the attorney's claim for legal fees. The attorney sought fees from the estate of his deceased brother's deceased wife for long-term legal work he claims to have provided "on loose payment terms." The deceased brother lost the contract suit he brought against his wife alleging her failure to pay him for property sales. There is substantial evidence the attorney was paid. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: April 17, 2024, Case #: CV-23-212, Categories: Property, attorney Fees, Contract
J. Miller finds the lower court improperly determined the amount of attorney fees to be awarded to an insurance company. USAA Insurance prevailed in litigating a personal injury protection case, and attorney fees were awarded, but the lower court found the attorneys were operating under a verbal flat rate agreement and reduced the fee judgment accordingly, and failed to award appellate fees in their entirety. The instant court finds no testimony presented that USAA worked under a flat rate agreement, and it is entitled to recover reasonable attorney fees. The matter is remanded to the lower court to determine and award reasonable fees, taxable costs and expert fees. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: April 17, 2024, Case #: 2022-2032, Categories: Insurance, attorney Fees, Contract
J. Nagala denies, in part, class counsel's motion for attorney fees, ruling the attorneys' request for an award of one-third of the total $4.1 million settlement amount is unreasonable when compared to other, similar class action ERISA lawsuits. Therefore, without any evidence to prove this case was extraordinary or unique in any way, the award will be reduced to one-quarter of the total settlement.
Court: USDC Connecticut, Judge: Nagala, Filed On: April 16, 2024, Case #: 3:21cv1085, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: attorney Fees, Class Action
J. Wright finds that the lower court improperly awarded improperly awarded the ex-girlfriend $17,000 in attorney's fees in a dispute over the sale of a home. The ex-boyfriend's conduct during litigation did not amount to vexatious behavior, and the amount of fees should only be determined by the amount of work the attorney conducted towards the partition suit for the benefit of both parties. Reversed.
Court: Missouri Court Of Appeals, Judge: Wright, Filed On: April 16, 2024, Case #: ED111764, Categories: Property, attorney Fees
J. Lagoa certifies an issue to the Florida Supreme Court in an appeal of the district court's decision denying the property owner's motion for attorney fees after judgment was entered in its favor in a breach of contract action arising from a property dispute with the sublessee. The district court found that a prevailing party attorney fees provision in the contract created rights and obligations only as to the original contracting parties and not as to the property owner and sublessee. A question is certified to the Florida Supreme Court as to whether a fee provision is a real covenant such that it runs with the land when an easement agreement contains a prevailing-party attorney fee provision.
Court: 11th Circuit, Judge: Lagoa, Filed On: April 15, 2024, Case #: 22-11977, Categories: attorney Fees, Contract
[Consolidated.] J. Easterbrook finds that the lower court improperly denied an investor's motion to intervene in a dismissed securities class action. The investor seeks to challenge $300,000 in mootness fees paid by the corporation to counsel in a suit mooted after the company agreed to make supplemental disclosures about its proposed merger. He claims that the only purpose of the suit was not needlessly increase the cost of litigation to induce the company to pay fees to counsel, while not providing any real benefit to investors. While the court has already ordered the fees returned in this particular case, counsel are entitled to be heard, and the court may consider sanctions. Vacated.
Court: 7th Circuit, Judge: Easterbrook, Filed On: April 15, 2024, Case #: 18-2220, Categories: Securities, attorney Fees, Class Action
J. Kennelly partially grants account executive employees’ motion for sanctions against their employer, a logistics firm. The employees accused the firm of wrongly denying them overtime pay, and in subsequent proceedings a magistrate judge found the firm had violated its discovery obligations. This court affirms some of the objections the firm had raised to the magistrate judge’s sanction recommendations, but overrules others. The court also orders the firm to pay the employees almost $88,000 in attorney fees.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 15, 2024, Case #: 1:16cv7331, NOS: Fair Labor Standards Act - Labor, Categories: Sanctions, attorney Fees, Class Action
J. LeGrow finds that the lower court improperly exercised jurisdiction to stay the implementation of the Medicare Advantage Plan because the adoption of a new health plan by an employee benefits committee for state retirees did not constitute a regulation as defined in Delaware's Administrative Procedures Act. Thus, the cross-appeal seeking attorney fees should be dismissed as moot.
Court: Delaware Supreme Court, Judge: LeGrow, Filed On: April 12, 2024, Case #: 178, 230, Categories: Administrative Law, Medicare, attorney Fees
J. Shanker reverses the trial court's contempt finding against a pro se litigant who lost her contract case against a construction company and then failed to pay the $14,000 in attorney fees, as ordered. Contempt is not an appropriate remedy for failure to pay the fees. Reversed.
Court: DC Court of Appeals, Judge: Shanker, Filed On: April 11, 2024, Case #: 21-CV-0561 , Categories: Contempt, attorney Fees, Contract
J. Spain finds that the trial court properly confirmed an arbitration award in favor of the former attorneys of a community association that was involved in condemnation proceedings for a property. The arbitrator did not exceed her authority to award the attorneys fees on their quantum meruit claim. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: April 11, 2024, Case #: 14-21-00630-CV, Categories: Arbitration, Property, attorney Fees
J. Orme holds that the trial court used the wrong legal standard in awarding a mother sole legal custody, and an attorney fee award was also error. The trial court must consider all statutory custody factors to some degree, and cannot disregard some as discretionary. The trial court must also revisit its imputation of the mother's income, which was speculative, and its fee award to the mother failed to distinguish the applicable legal standards or establish findings about the father's ability to pay. Reversed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: April 11, 2024, Case #: 20210637-CA, Categories: Family Law, attorney Fees
J. Mackey finds that the lower court improperly reduced counsel fees awarded after plaintiff prevailed in claims seeking information from police relating to an alleged trespassing incident because the flat $5,000 award, reduced from the combined $33,300 sought by two attorneys, rendered the hourly rate more conforming to the locality without accounting for the hours put in. Instead, $12,100 should have been awarded, plus costs incurred. Reversed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: April 11, 2024, Case #: CV-23-1044, Categories: Public Record, attorney Fees
Per curiam, the appellate division finds that the lower court properly found for the financial firm, awarding it $78,000 plus $120,000 in attorneys' fees. There is no merit to the claim that the firm's put was only valid if exercised after a commercially reasonable foreclosure sale. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 11, 2024, Case #: 01982, Categories: Banking / Lending, attorney Fees
J. Devaney finds that an administrative law judge (ALJ) improperly determined that an individual was not entitled to pandemic unemployment benefits in a matter in which the ALJ held that the individual must repay $24,690 in pandemic unemployment benefits he received from the South Dakota Department of Labor, Reemployment Assistance Division. However, the lower court properly determined attorney fees. Affirmed in part.
Court: South Dakota Supreme Court, Judge: Devaney , Filed On: April 10, 2024, Case #: 2024SD19, Categories: Employment, Covid-19, attorney Fees
J. North grants a request by two employees who prevailed in an overtime-pay suit against their employer at a residential heating, air conditioning, and ventilation installer, awarding them $23,000 in attorney fees and costs. The requested $37,000 in fees and costs is reduced, in part, by a reduction in hourly rates.
Court: USDC Eastern District of Louisiana , Judge: North, Filed On: April 10, 2024, Case #: 2:22cv3953, NOS: Fair Labor Standards Act - Labor, Categories: Employment, attorney Fees, Labor