977 results for 'cat:"Attorney Fees"'.
J. Fernandez finds the trial court improperly granted the court-appointed lawyer $43,530 in attorney fees at a rate of $100 per hour for representing an indigent defendant in a murder trial. The trial court was wrong to find that the state administrative office's contract controlling the lawyer's representation of the client was unenforceable, so the office's petition for writ of certiorari is granted, the trial court's order is quashed, and the case is remanded for the trial court to award the lawyer $32,647 in fees at a rate of $75 per hour.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: May 8, 2024, Case #: 23-2209, Categories: attorney Fees
J. Johnson finds that the New Orleans Civil Service Commission properly held the Department of Public Works in criminal contempt for not paying attorney fees to a worker after it failed to comply with the Commission’s order to reinstate the worker to her job as parking administrator. The commission has exclusive jurisdiction over employment-related disputes between civil service employers and employees. Further, under the state constitution, the commission has the authority to award attorney fees as an equitable relief. However, the Department of Public Works director should not have been fined because she was not acting in her personal capacity when she failed to comply with the Commission’s order to pay the attorney fees judgments. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 7, 2024, Case #: 2023-CA-0641, Categories: Contempt, attorney Fees
J. Jackson finds that the trial court was within its discretion to require that insureds who sought attorney fees in a bad faith insurance action waive their attorney-client privilege to allow discovery of invoices, fee agreements and payment history. Under Brandt, the recovery of insureds' attorney fees as an element of their damages is an election that requires them to provide discovery, and seeking recovery of attorney fees is an implied waiver of privilege.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: May 7, 2024, Case #: A169321, Categories: Insurance, Privilege, attorney Fees
J. Moore finds the county court properly dismissed the attorney's complaint seeking fees under a contingency fee agreement. The attorney and former client entered into a contract for representation in a life insurance claim, though the claim was paid before the attorney began litigating the case. There is no error in the court’s determination that there was no meeting of the minds concerning the agreement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: May 7, 2024, Case #: A-23-455, Categories: Insurance, attorney Fees, Contract
J. Lipman grants customers’ unopposed motion for final approval of the proposed settlement in this case involving allegations that Family Dollar stores sold products “contaminated by a rodent infestation.” The proposed settlement was preliminarily approved, and the court now finds that notice to the class members was successful. The court will also deny without prejudice the customers’ motion for attorney fees, based on their failure to comply with certain local rules.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: May 6, 2024, Case #: 2:22cv2138, NOS: Other Fraud - Torts - Personal Property, Categories: Settlements, attorney Fees, Class Action
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
Per curiam, the Supreme Court of Colorado finds former Arapahoe County District Court Judge John E. Scipione will be publicly sanctioned and required to pay attorney fees for disciplinary proceedings related to his violation of eight judicial conduct rules. Scipione used his position as a judge to seek intimate relationships with subordinate employees on at least three occasions, sexually harassed at least one employee, and failed to disclose intimate relationships with former law clerks and other personnel. While his resignation ensures he will commit no further misconduct, he will also be required to pay $51,000 in attorney fees. Affirmed.
Court: Colorado Supreme Court, Judge: Per curiam, Filed On: May 6, 2024, Case #: 2024CO23, Categories: Judiciary, attorney Fees, Attorney Discipline
[Consolidated.] J. McFadden finds that the trial court properly granted the company's motion to dismiss the individual's defamation claim under Georgia's anti-SLAPP law. The individual alleged in a conversion and breach of fiduciary duty action that the company made false statements in responding to an SEC subpoena for records regarding a financial transaction. The alleged statements made by the company related to an official proceeding and concern protected activity. The individual's defamation claim was also untimely. The trial court incorrectly denied the company's request for attorney fees and improperly ordered the company to produce attorney-client privileged communications under a fiduciary duty exception. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: May 6, 2024, Case #: A24A0268, Categories: Anti-slapp, Defamation, attorney Fees
Per curiam, the appellate division finds that the lower court properly awarded petitioners attorneys' fees of $48,000 for litigation required by respondents' contemptuous conduct. Petitioners' counsel provided an adequate statement of the legal services provided on the contempt motion, and respondents' claims of overbilling or duplicative work are speculative. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 2, 2024, Case #: 02363, Categories: Contempt, attorney Fees
J. Holmes grants in part this motion for attorney fees filed in connection with a motion to compel discovery. The court will award $8,000 in attorney fees as a discovery sanction, as the defendant company's nondisclosure was not "substantially justified."
Court: USDC Middle District of Tennessee , Judge: Holmes, Filed On: May 1, 2024, Case #: 3:20cv1103, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Sanctions, Discovery, attorney Fees
J. Grant finds that the district court properly awarded the store $62,000 in attorney fees as sanctions in an action against the shopping center owner arising after the store's request to exercise its option to extend the terms of its lease was denied. The owner acted in bad faith since it had knowledge of the lack of diversity jurisdiction in the case but delayed disclosing the information for more than a year. The sanction award was limited to two-thirds of the attorney fees incurred by the store after the owner discovered its diversity-destroying citizenship. The district court correctly struck the store's affidavit claiming its attorney did not act in bad faith as untimely and irrelevant. Affirmed.
Court: 11th Circuit, Judge: Grant, Filed On: May 1, 2024, Case #: 22-12461, Categories: Sanctions, attorney Fees
J. Rossman vacates in part an award of attorney fees in an underlying class action over underpaid oil and gas royalties. The class in question did not get proper notice of the original 2018 motion for attorney fees, so fees related to that are vacated until a class-wide notice has been released and a new objection period to the fees can begin. Vacated in part.
Court: 10th Circuit, Judge: Rossman, Filed On: May 1, 2024, Case #: 22-6125, Categories: attorney Fees, Class Action, Contract
J. Tunheim grants a motion to correct clerical errors in a prior order on an arbitration award, but denies motions to stay enforcement of a judgment, to expedite, and to alter or correct that judgment and adopts a magistrate judge's report and recommendation, while denying attorney's fees to all parties.
Court: USDC Minnesota, Judge: Tunheim, Filed On: April 30, 2024, Case #: 0:17cv5009, NOS: Other Contract - Contract, Categories: Arbitration, Civil Procedure, attorney Fees
J. Curiel awards class counsel $246,000 in attorney fees following the settlement of the customers' class action accusing The Children's Place of falsely advertising that its items were discounted when they were not. Although the amount represents 42% of the settlement's redeemed coupon value, this is appropriate due to the 2,000 hours counsel put in and the fact that The Children's Place agreed not to contest a fee award as high as $1.08 million. This is not a windfall for class counsel.
Court: USDC Southern District of California, Judge: Curiel, Filed On: April 30, 2024, Case #: 3:16cv370, NOS: Other Fraud - Torts - Personal Property, Categories: Unfair Competition, attorney Fees, False Advertising
J. Holmes partially grants the individual plaintiff's motion for attorney fees in connection with his motion to compel discovery. The court previously ordered the defendant company to produce certain documents and "to make a corporate representative available" to provide testimony on certain topics. The defendant company now argues that there was a conflict regarding its duties under Italian data privacy laws, but the court concludes that its failure to provide certain documents was not "substantially justified." Not all of the requested fees are reasonable, however, as a discovery sanction.
Court: USDC Middle District of Tennessee , Judge: Holmes, Filed On: April 30, 2024, Case #: 3:20cv1103, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Sanctions, Discovery, attorney Fees
J. Edwards finds that the lower court improperly assessed costs against the prospective adoptive parents in this case involving their adoption petition and the biological mother's withdrawal of consent. The amount of the award is not supported by the record. The case is remanded for the lower court "to itemize the costs it assessed against the prospective adoptive parents and to permit them, if necessary, to challenge any particular costs." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: April 26, 2024, Case #: CL-2023-0572, Categories: Evidence, Family Law, attorney Fees
J. Immergut grants the insurance company's motion to compel arbitration in the insured's lawsuit alleging that the insurance company wrongfully disagreed with the value of the insured's claim for the injuries she sustained while pregnant during an accident with an at-fault, underinsured motorist. The insured implicitly agreed to arbitration when her demand letter stated that she “demands, consents, offers and commits to arbitration," so no new consideration is required. The insured also limited her ability her recovery attorney fees when she instituted arbitration proceedings.
Court: USDC Oregon, Judge: Immergut, Filed On: April 26, 2024, Case #: 3:24cv25, NOS: Insurance - Contract, Categories: Arbitration, Insurance, attorney Fees
Per curiam, the appellate division finds that the homeowner is entitled to nominal damages of $10 in a breach of contract action against her neighbor who completed their renovation using a cheaper brick that does not exactly match the homeowner's front façade. No evidence was admitted as to the cost of the bricks the defendant neighbor used, so it is not possible to determine the difference between that figure and the cost of matching bricks. However, the homeowner is entitled to attorney fees of $30,000, 10 percent of the amount she requested. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02253, Categories: attorney Fees, Contract
J. Nivison grants in part a behavioral health and education company’s motion for the exclusion of certain expert testimony and the reimbursement of attorney fees after they were sued by the parents of an adult who defendant allegedly failed to provide appropriate care for. The parents’ expert witness designations are adequate but it is inappropriate that counsel attempted to influence the expert testimony.
Court: USDC Maine, Judge: Nivison, Filed On: April 25, 2024, Case #: 2:22cv54, NOS: Other Civil Rights - Civil Rights, Categories: Experts, Discovery, attorney Fees
J. Hixon finds the district court improperly entered summary judgment in favor of the law firm in this attorney fee dispute. The partnered law firm sought declaratory judgment regarding the enforceability of a fee-splitting and referral agreement, bringing multiple contract and fraud-based allegations, and seeking damages for alleged nonpayment. Though the agreement and associated contracts do not comply with requirements of a particular rule of professional conduct, the rule may not be used as a defense. Summary judgment on cases not litigated by the attorney was properly entered. Reversed in part.
Court: Oklahoma Courts Of Appeal, Judge: Hixon , Filed On: April 25, 2024, Case #: 120999, Categories: attorney Fees, Contract