33 results for 'cat:"Discovery" AND cat:"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. 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. 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. Pregerson grants in part Nike's motion for attorney fees in a trademark dispute. A company alleged that Nike and Nordstrom infringed upon its stylized “N” design in their “Nordstrom x Nike” collaboration. The court found that the company owner "misled by omission" his relationship with another party, who turned out to be his mother, and that the relationship was significant regarding proof of the sale of branded products during the relevant period. The company was ordered to pay attorney fees for the discovery misconduct. Days before the scheduled ESI investigation, the company owner alleged that all devices that were scheduled to be searched had been stolen from his car. Nike seeks "full" attorney fees, arguing that the case is "exceptional" due to the discovery misconduct. Nike is awarded $1,491,634 in attorney fees and costs.
Court: USDC Central District of California, Judge: Pregerson, Filed On: April 19, 2024, Case #: 2:21cv398, NOS: Trademark - Property Rights, Categories: Trademark, discovery, attorney Fees
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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. Currault grants a discovery request by an intervening law firm seeking to recover a lien amount from a male former client named G.K. who won a judgment against another man on allegations of false representation of his HIV status to induce unprotected sex resulting in the former client’s infection. The intervening firm says its seeking information about another lawyer or lawyers it says represented G.K., resulting from the firm’s withdrawal in the H.I.V. case. G.K.’s unsubstantiated objections are improper, and he must produce the requested documents, if they exist.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: March 20, 2024, Case #: 2:21cv2242, NOS: Other Personal Injury - Torts - Personal Injury, Categories: discovery, attorney Fees
J. Yarbrough grants, in part, the baler manufacturing company's motion to compel discovery, ruling the former employee must provide more detailed responses to several interrogatories, including his involvement with the development and production of a baler over which he attempted to assert ownership. However, because the employee and other defendants were granted an extension after initially failing to respond to the first set of discovery requests, the manufacturing company is not entitled to attorney fees related to this motion.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: November 8, 2023, Case #: 1:23cv99, NOS: Copyrights - Property Rights, Categories: discovery, attorney Fees, Contract
J. Wormuth recommends granting the logistics company's motion for default judgment against the trucking company, ruling the trucking company's willful refusal to appear for a deposition after a court order prejudiced the logistics company and requires judgment in its favor on the spoliation crossclaim. The logistics company is also entitled to attorney fees for all losses related to the trucking company's failure to comply with discovery orders, as well as any work performed in relation to the current motion.
Court: USDC New Mexico, Judge: Wormuth, Filed On: October 27, 2023, Case #: 2:21cv986, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Sanctions, discovery, attorney Fees
J. Logue finds the trial court properly awarded the citizen attorney fees and costs in her slip-and-fall lawsuit against Costco. The trial court did not abuse its discretion by issuing two orders awarding the citizen $5,460 in attorney fees and costs based on Costco's attorney answering an interrogatory with an objection that had already been overruled and coaching a corporate representative at a deposition to read from a document the attorney provided to him without disclosing its contents to the citizen's attorney. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: October 25, 2023, Case #: 22-0585, Categories: Tort, discovery, attorney Fees
J. Estudillo grants the family's counsel $39,800 in attorney fees for their complaint that the prison healthcare services' negligent practices concerning suicide prevention led to the death of the inmate. The family's counsel is entitled to fees regarding research of the deleted video, deposition and discovery prep, and for time spent drafting a notice of deposition. The family's counsel had to spend time on this because of Kitsap County's spoliation of the video evidence.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: October 17, 2023, Case #: 3:21cv5800, NOS: Other Civil Rights - Civil Rights, Categories: Sanctions, discovery, attorney Fees
J. Perluss finds the trial court improperly denied the injured parties’ motion for fees and costs in this negligence suit over a traffic accident. After the trial court awarded damages on remand, the injured parties moved for fees and costs alleging that the at-fault party had unreasonably denied requests for admission as to the status of certain medical records as business records. The at-fault party had no reasonable belief that she could prevail on the merits of this issue, and her denial caused the injured parties to incur expenses proving the medical records were business records. Other expenses were properly granted for the at-fault party. Affirmed in part. Reversed in part and remanded.
Court: California Courts Of Appeal, Judge: Perluss, Filed On: October 13, 2023, Case #: B317540, Categories: Vehicle, discovery, attorney Fees
J. Jones issues an order to compel the boat company to comply with discovery requests from the boat buyers, who claim in their lawsuit that the boat company defrauded them during the sale of a boat. The information the boat buyers seek is relevant to their case and the boat company does not show that this information qualifies as trade secrets or is somehow privileged. Also, because the individual defendant refused to meaningfully participate in the discovery process, he must pay the boat buyers' request for $3,700 in fees.
Court: USDC Western District of Washington, Judge: Jones, Filed On: October 13, 2023, Case #: 2:22cv1594, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, discovery, attorney Fees
J. Farrish grants, in part, Yale University's motion for attorney fees, ruling that while the hourly rates of its attorneys are reasonable and commensurate with their skill levels, the motions to compel discovery were not complex enough to warrant the number of hours claimed. Therefore, the university will be awarded $4,655 in fees instead of the requested $7,530.
Court: USDC Connecticut, Judge: Farrish, Filed On: July 17, 2023, Case #: 3:22cv1160, NOS: Other Civil Rights - Civil Rights, Categories: discovery, attorney Fees