989 results for 'cat:"Attorney Fees"'.
J. Horan finds that a health care management company’s failure to produce court ordered documents in an underlying trademark case brought by a group of hospital emergency rooms is not excusable just because the company says it faced technical difficulties retrieving the documents. The limited number of documents that the company failed to produce are of specific and central importance to the case suggesting an attempt to evade the court’s order to produce. The court grants sanction measures requested by the emergency rooms.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: April 8, 2024, Case #: 3:23cv891, NOS: Trademark - Property Rights, Categories: Sanctions, Trademark, attorney Fees
J. Kauger, on certiorari, finds the court of appeals improperly affirmed the trial court's award of attorney fees. The homeowner had $51,000 in attorney fees awarded against him from his loss of a contract dispute over roofing work required by his bank. The order awarding attorney fees did not specifically set forth the facts and computation to support the award. Vacated.
Court: Oklahoma Supreme Court, Judge: Kauger, Filed On: April 8, 2024, Case #: 119432, Categories: Construction, Property, attorney Fees
J. Martinez awards the shipyard $959,100 in attorney fees and costs after it was awarded $40,000 for its negligence counterclaim against the towing service. The parties' tow agreement clearly and separately provides that the prevailing party may obtain attorney fees. However, certain "write-off" fees are reduced from the shipyard's request for $1.4 million in fees, and a further 20% reduction is appropriate "due to the disproportionality between the fee request and damages awarded at trial."
Court: USDC Western District of Washington, Judge: Martinez, Filed On: April 5, 2024, Case #: 2:20cv416, NOS: Other Contract - Contract, Categories: Negligence, attorney Fees, Contract
Per curiam, the Vermont Supreme Court finds the trial court properly struck and dismissed a pro se complaint regarding defamation, libel, false light, and negligence claims against a newspaper and its journalist. The individual argues that the court abused its discretion when the newspaper and its journalist were awarded $14,741.80 in attorney fees and costs under Vermont’s anti-SLAPP statute. When the court ruled on the motion to strike, the fees were mandatory. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-AP-338, Categories: Anti-slapp, Defamation, attorney Fees
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Gould finds that the lower court must reevaluate the amount of attorney fees owed to a transgender inmate for a successful Eighth Amendment claim. The inmate obtained an injunction requiring the state of Idaho, private prison company Corizon, and individual Idaho prison officials to provide the inmate with adequate medical care, including gender-confirmation surgery. The lower court awarded $2.58 million in attorney fees to the inmate, but improperly assessed the fees by calculating the lodestar amount to include fees incurred litigating unsuccessful claims advanced in the complaint. However, the district court correctly applied an enhancement to the lodestar amount given that counsel operated under extraordinary time pressure. Vacated in part.
Court: 9th Circuit, Judge: Gould, Filed On: April 5, 2024, Case #: 22-35876, Categories: Health Care, attorney Fees, Prisoners' Rights
J. Lake finds the use of the name of a defunct musical group by two former members of the group in a new iteration of the band, featuring a new third member, was not an unauthorized use. However, their request for attorney fees is denied because the plaintiff, the band’s former third member, did not conduct their infringement case against the new group in an unreasonable manner.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 4, 2024, Case #: 4:21cv3942, NOS: Trademark - Property Rights, Categories: Trademark, attorney Fees
J. Currault awards sanctions of $9,000 in attorney fees and costs to three health care companies and against a collective suit of patient-care employees alleging violations of federal labor laws, including overtime and mealtime. Although the health care companies sought $18,000 for the employees’ alleged violations of discovery rules, that was reduced due to the use of “block billing,” which made ‘“it impossible for the court to determine the reasonableness of the hours spent on each task’.”
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: April 4, 2024, Case #: 2:20cv1515, NOS: Fair Labor Standards Act - Labor, Categories: Civil Procedure, Discovery, attorney Fees
J. Kindred denies a potential lodge buyer's motion for a new trial and grants in part the lodge owner's motion for attorney fees after the potential buyer terminated the sale contract. The jury found that the buyer breached the covenant of good faith and fair dealing and awarded one dollar to the owner, and found that the owner had made negligent misrepresentations to the buyer, and awarded one dollar to the buyer. Both parties claim to be the prevailing party. The jury's verdict was reasonable and not contrary to the weight of the evidence. The lodge owner made an offer of judgment to the buyer, which the buyer rejected. This entitles the owner to costs incurred after the offer was made. The owner is to provide separate accountings for costs and fees.
Court: USDC Alaska, Judge: Kindred, Filed On: April 3, 2024, Case #: 3:21cv123, NOS: Other Contract - Contract, Categories: attorney Fees, Contract
J. Bevan finds that the Industrial Commission properly awarded medical benefits to an employee based on the full invoiced amount for the employee's medical expenses. Under this court's decision in Neel, the full invoiced amount is due if the workers' compensation surety denies a claim that the Commission subsequently finds is compensable. The employer and surety argued that Medicaid recipients should be excluded from the Neel full invoice doctrine, but doing so would pose a hardship for the most vulnerable employees. Also, the employee is not entitled to attorney fees on appeal because the appeal by the employer and surety was not frivolous. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: April 2, 2024, Case #: 49940, Categories: Medicaid, attorney Fees, Workers' Compensation
J. Dever partially grants the North Carolina Green Party’s motion for attorney’s fees and costs in ongoing litigation against the state’s board of elections after it initially failed to qualify the party and allow candidates to run in the 2022 election. The North Carolina Democratic Party and affiliates became intervenors for the board. The party correctly accuses them of frivolously hampering its efforts to get the required number of signatures for its candidates to run and is awarded partial fees and costs based on this action alone.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 2, 2024, Case #: 5:22cv276, NOS: Voting - Civil Rights, Categories: Elections, Government, attorney Fees
J. Nye denies a company's motion for attorney fees following arbitration of a supply agreement dispute, and its subsequent request that the court confirm the arbitration award. The arbitrator entered an award in the company's favor and stated that the other party should pay the company's costs of arbitration. The arbitrator made "very specific findings regarding the reasonableness of the costs imposed" and did not mention future costs or costs related to the confirmation of the company's award. There are no grounds entitling the company to an award of fees and costs.
Court: USDC Idaho, Judge: Nye, Filed On: April 1, 2024, Case #: 4:23cv206, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, attorney Fees
J. King denies Brooks Sports' motion for $1 million in attorney fees for the shoemaker's complaint that Brooks infringed on the shoemaker's patent titled, “Shoe with Cushioning and Speed Enhancement Midsole Components and Method for Construction Thereof.” The counsel's failure to "carry the day" before the Patent Trial and Appeal Board and the shoemaker's failure to obtain and test the accused DNA material does not make this case exceptional, and thus does not justify the request.
Court: USDC Western District of Washington, Judge: King, Filed On: March 31, 2024, Case #: 2:17cv1322, NOS: Patent - Property Rights, Categories: Patent, attorney Fees
J. Upadhyaya grants the employee's petition for attorneys' fees and costs in the amount of $10,421.68, finding that the requested amount is reasonable, sufficiently supported and timely.
Court: USDC District of Columbia, Judge: Upadhyaya, Filed On: March 31, 2024, Case #: 1:22cv1816, NOS: Fair Labor Standards Act - Labor, Categories: attorney Fees, Labor
J. Whitehead awards the nonprofit organization $359,100 in attorney fees following a consent decree for its complaint that the state government office enacted hatchery programs that affected the threatened Puget Sound steelhead and did not undergo required review, in violation of the Endangered Species Act. The attorneys' requested rates range from $290 per hour to $700 per hour based on the level of experience, which are reasonable.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 30, 2024, Case #: 2:21cv169, NOS: Environmental Matters - Other Suits, Categories: Environment, attorney Fees
J. Gee grants the family members' request for attorney fees following a $10 million judgment in their favor in their lawsuit stemming from the officer's fatal shooting of their loved one in 2016. The family's counsel seeks $1.5 million in attorney fees, though the hours spent reviewing the county's ex parte application to quash subpoena and request protective order are decreased, so counsel shall receive $1.4 million in attorney fees.
Court: USDC Central District of California, Judge: Gee, Filed On: March 29, 2024, Case #: 5:18cv762, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, attorney Fees
J. Mayle finds that the county court correctly denied a motion for two incidents to be tried separately, one involving a robbery and murder and one involving the discharge of a weapon. The judge finds that sufficient evidence exists to join the incidents. However, the court incorrectly imposed the cost of confinement and council on appellant and the judge ruled that the state and the appellant shall share in those costs. Affirmed in part and reversed in part.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: March 29, 2024, Case #: 2024-Ohio-1178, Categories: Firearms, Robbery, attorney Fees
J. Joseph partially grants the citizen's motion for attorney fees in his lawsuit over his shooting by Milwaukee police in 2014, which in 2023 resulted in a jury's verdict in his favor on his excessive force and failure to intervene claims and an award of $2 million in damages. As the city and police officers point out, the citizen's request for $474,049 in attorney fees and costs in part bills for excessive time for multiple attorneys, so he is only awarded $239,224 in attorney fees and $149 in costs.
Court: USDC Eastern District of Wisconsin, Judge: Joseph, Filed On: March 29, 2024, Case #: 2:20cv487, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, attorney Fees, Police Misconduct
J. Dale grants the county and sheriff's office's motion for attorney fees in a matter in which the court found that an individual's "counsel knowingly presented to the jury an inaccurate and incomplete portrayal of compensation tendered to and promised to be paid by Plaintiff to a critical witness... in connection with her trial testimony." The court found that this misconduct interfered with the county and sheriff's department's ability to fairly present their case. The parties later settled. The individual's "counsel acted recklessly in filing the motion to set aside the Court’s judgment of dismissal, thereby unreasonably and vexatiously multiplying the proceedings in this matter." The county and sheriff's office are awarded $14,273 in attorney fees.
Court: USDC Idaho, Judge: Dale, Filed On: March 29, 2024, Case #: 1:18cv550, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Ada / Rehabilitation Act, Tort, attorney Fees
J. Foley finds that the trial court properly granted a father custody of the parties' child and granted him attorney fees because the mother failed to refute findings that her parenting style was damaging to the child and alienated the child from the father. Affirmed.
Court: Indiana Court Of Appeals, Judge: Foley, Filed On: March 28, 2024, Case #: 23A-DC-885, Categories: Family Law, attorney Fees
J. Dale grants an employee's motion for attorney fees regarding allegations that his employer breached his head coach agreement by firing him as the head wrestling coach without cause. A jury found in favor of the employee. As the prevailing party, the employee is awarded $911,643 in attorney fees.
Court: USDC Idaho, Judge: Dale, Filed On: March 28, 2024, Case #: 1:20cv380, NOS: Other Contract - Contract, Categories: Employment, attorney Fees, Contract
J. Amon awards a bakery employee $169,773 in attorney fees and $8,062 in costs after he prevailed on his New York labor law claims at trial. The court reduces the attorneys’ requested hourly rates to $450 and $100, respectively, representing a 25% reduction in the amount requested.
Court: USDC Eastern District of New York, Judge: Amon, Filed On: March 28, 2024, Case #: 1:20cv1319, NOS: Fair Labor Standards Act - Labor, Categories: attorney Fees, Labor