14 results for 'cat:"Due Process" AND cat:"Attorney Fees"'.
J. Crouse finds affidavits from the wife's attorney and two expert witnesses were sufficient to allow the trial court to award the exact amount of attorney fees requested, especially considering the wife was successful on all the post-divorce claims filed by the husband. Meanwhile, the husband's absence from the attorney fees hearing did not violate his due process rights because the hearing was delayed twice at his request, which allowed the trial court to deny his third motion for a continuance. Affirmed.
Court: Ohio Court Of Appeals, Judge: Crouse, Filed On: January 26, 2024, Case #: 2024-Ohio-266, Categories: Family Law, due Process, attorney Fees
J. Allen reverses the Board of Veterans' Appeals' decision the Veterans Administration accredited agent is barred from receiving fees for his successful representation of the army veteran for past-due benefits on his PTSD disability rating based on clear and unmistakable error. The agent agreed to represent the veteran on a contingent-fee basis, which included 20 percent of past-due benefits. Though the agent did not file a notice of disagreement, the board originally relied on an invalid regulation to review his eligibility and made no factual or legal findings about his entitlement to fees. Reversed.
Court: Court Of Appeals For Veterans Claims, Judge: Allen , Filed On: November 14, 2023, Case #: 21-8048, Categories: Veterans, due Process, attorney Fees
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J. Wiseman finds the trial court improperly reduced attorney fees awarded the husband after considering the divorced couple’s respective means and property. The court concluded that fees are warranted by “evidence concerning the acts and omissions of [the wife].” Though the court concluded that fees must be reasonable given that the requested amount would require the wife to pay her entire salary, the applicable test applies to whether the charged amount is reasonable, not the paying party’s financial circumstance. Reversed and remanded.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman, Filed On: October 26, 2023, Case #: 120135, Categories: Family Law, due Process, attorney Fees
J. Hixson finds the circuit court improperly granted summary judgment to the law firm, finding that the breach of a fee-sharing contract claims brought by the other law firm are barred after an initial case resulted in the court’'s finding that no contract existed. The law firm’s claim that it was entitled to summary judgment on the basis of res judicata is misplaced, as the original suit resulted in the finding that no contract existed. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: October 25, 2023, Case #: CV-21-276, Categories: due Process, attorney Fees, Contract
J. Brown grants a motion to recover attorney's fees and costs to a group of litigants who prevailed on their claims alleging New York State's Covid-19 Emergency Eviction and Foreclosure Prevention Act violated their due process rights. The U.S. Supreme court agreed with their claims and issued an injunction preventing partial enforcement of the law, and afterwards New York State amended the clause to address the court's concerns. The court awards them $377,477 in attorney's fees and $7,251 costs, representing half of what they initially sought.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: September 21, 2023, Case #: 2:21cv2516, NOS: Constitutionality of State Statutes - Other Suits, Categories: due Process, attorney Fees
J. Moore finds the student was properly awarded attorney fees by the trial court on his due process claim related to the university's refusal to issue him a copy of his transcript. Although the transcript was eventually produced, the university only complied after being urged by the court, which rendered the student the prevailing party on that portion of his lawsuit. However, because the university altered its disciplinary policies after a ruling from this court in another case, the trial court lacked jurisdiction over the due process claims made in the student's amended complaint and he could not be considered the prevailing party on those claims; therefore, the award of attorney fees will be vacated so the court can recalculate the proper amount based on this ruling.
Court: 6th Circuit, Judge: Moore, Filed On: August 21, 2023, Case #: 22-1654, Categories: Civil Procedure, due Process, attorney Fees
[Consolidated.] J. Brodie awards two vehicle finance creditors a total of $132,568 in attorney fees after prevailing on their separate procedural due process claims in which they alleged the Port Authority refused to release impounded vehicles in which they hold an interest at both LaGuardia Airport and JKF Airport until they paid past-due parking, towing and storage fees. The court applies an across-the-board reduction of the requested hourly rates, finding they all exceeded the typical rates for cases of this size and nature.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: August 6, 2023, Case #: 1:20cv1997, NOS: Other Civil Rights - Civil Rights, Categories: due Process, attorney Fees
J. Golemon finds the trial court properly convicted defendant for evading arrest or detention, sentencing him to 18 months of confinement and ordering him to pay court costs as well as reimbursement and attorney fees. Though costs and reimbursement fees were not orally pronounced during sentencing, the costs and reimbursement fees are legislatively mandated and are not required to be pronounced. Though, without a change in defendant’s indigent status, the court cannot impose an award of attorney fees in the judgment against a defendant who remains indigent when the judgment is pronounced, and the attorney fees are deleted. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: July 19, 2023, Case #: 09-22-00415-CR, Categories: Escape, due Process, attorney Fees
J. O'Brien finds the trial court improperly denied the law firm’s motion for summary judgment in this dispute over referral fees paid between two law firms. The Michigan Supreme Court previously remanded an appeal from this case to the trial court, which erroneously took this to mean it was required to hold a trial and could not hear motions for summary disposition. When an appellate court orders a new trial, it includes all phases of trial, including pretrial matters such as motions for summary disposition. Vacated and remanded.
Court: Michigan Court of Appeals, Judge: O’Brien , Filed On: July 13, 2023, Case #: 360582, Categories: due Process, attorney Fees
Per curiam, the Court of Appeals for Veterans Claims grants the Secretary of Veterans Affair’s motion to dismiss the vet’s application for attorney fees brought under the Equal Access to Justice Act after his case was remanded for development. The veteran has not demonstrated an extraordinary circumstance prevented timely filing, so equitable tolling is not warranted.
Court: Court Of Appeals For Veterans Claims, Judge: Per curiam, Filed On: May 23, 2023, Case #: 20-0945(E), Categories: Veterans, due Process, attorney Fees