57 results for 'cat:"Settlements" AND cat:"Attorney Fees"'.
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
[Amended.] J. Meyer amends a previously published opinion to include the name of an additional attorney representing a neighbor in a dispute. 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 25, 2024, Case #: 49628, Categories: Property, settlements, attorney Fees
J. Rosenthal finds for an insurance company on its claim against another insurer for the $1 million it paid to settle a car collision case, along with $169,000 in attorney fees and costs. The other insurer's policies completely cover the settlement at issue.
Court: USDC Eastern District of California, Judge: Rosenthal, Filed On: April 19, 2024, Case #: 1:18cv1319, NOS: Insurance - Contract, Categories: Insurance, settlements, attorney Fees
J. Brownlee finds the trial court improperly granted a patient summary judgment on his claim under the Florida Consumer Collection Practice Act that a foot and ankle center put a lien on his workers’ compensation settlement. The center argues there was insufficient evidence when the contingency fee multiplier was imposed. The court finds the multiplier failed factorial analysis from the beginning, but the patient presented no evidence relevant to the first factor. Therefore, this case is remanded solely to enter judgement without the contingency fee multiplier. Affirmed, in part. Reversed, in part.
Court: Florida Courts Of Appeal, Judge: Brownlee, Filed On: April 19, 2024, Case #: 6D23-665, Categories: settlements, 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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J. Shorr finds the probate court properly voided an attorney's contingency agreement and calculated a different attorney fee. “It was the responsibility of the probate court to approve the terms of the settlement…including awarding attorney fees.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: March 20, 2024, Case #: A176105, Categories: settlements, attorney Fees
[Consolidated.] J. Kugler awards a company attorney fees in claims contending other members of the joint venture violated confidentiality and non-disparagement provisions of a settlement by accusing them of running an organized crime scheme. The company became the prevailing party when the court entered an injunction against the other members for violating the settlement, and the record indicates costs and fees were reasonable.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 6, 2024, Case #: 1:23cv2967, NOS: Other Contract - Contract, Categories: settlements, attorney Fees
J. Jewell finds that while the trial court properly granted declaratory judgment to the debtor, it erred in awarding him conditional appellate attorney fees in a dispute over payment under a settlement agreement. There was insufficient evidence to support the award of the fees. Reversed in part.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: March 5, 2024, Case #: 14-23-00165-CV, Categories: settlements, attorney Fees
J. Watson grants the class's motions for approval of the settlement and for attorney fees, ruling sufficient discovery has been conducted to prove damages for the class members involved in the data breach, while the $120,000 award in attorney fees is supported by documentation and the complexity of the litigation.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 5, 2024, Case #: 2:22cv3499, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: settlements, attorney Fees, Class Action
J. Garnett grants final approval to a $10 million settlement in a class action alleging that the window treatment company put a “discount” price on products that was actually the real price of the products. Class members who submit a claim will receive a settlement amount in cash, while class members who choose not to submit a claim will automatically receive store credit that will not expire. Class counsel is awarded just over $1.4 million, representing 14% of the settlement, which is well below the 25% benchmark set by the 9th Circuit.
Court: USDC Central District of California, Judge: Garnett, Filed On: March 4, 2024, Case #: 2:22cv8326, NOS: Other Fraud - Torts - Personal Property, Categories: settlements, attorney Fees, Class Action
J. Huber finds the district court improperly denied an award of attorney fees to the pontoon boat operator. The negligence suit was brought by a passenger who sustained injuries after falling from the boat. The passenger rejected two offers of judgment from the operator and the court entered a take-nothing judgment in favor of the operator, awarding him costs but not attorney fees. The court incorrectly determined the operator's offer of judgment made under a particular statute controlled and that he was not entitled to attorney fees from another offer made under a statute allowing for recovery of attorney fees. Vacated in part.
Court: Oklahoma Courts Of Appeal, Judge: Huber, Filed On: February 29, 2024, Case #: 120265, Categories: settlements, Negligence, attorney Fees
J. Whitney grants final approval of a settlement and awards attorney fees in this class action against a loan company after hackers breached over 200,000 customers’ data in 2022. The company must award over $308,000 in fees and expenses as well as $3,000 to each member of the class.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: February 27, 2024, Case #: 3:22cv307, NOS: Other Contract - Contract, Categories: settlements, Privacy, attorney Fees
J. Gerber finds the lower court properly determined the equitable distribution findings, alimony and child support calculations in this dissolution of marriage. The former husband also appeals the award of attorney fees to the former wife. The court of appeals does not have jurisdiction over the attorney fees because the lower court had not awarded the fees before the former husband filed this appeal. Affirmed in part. Dismissed in part.
Court: Florida Courts Of Appeal, Judge: Gerber, Filed On: February 14, 2024, Case #: 4D2022-1871, Categories: Family Law, settlements, attorney Fees
J. Harris holds that the trial court must reassess whether a commercial tenant's breach of a settlement agreement was a material breach and, if it was, whether the landlord is entitled to damages or to have the settlement agreement rescinded. In the process, the trial court must determine whether the parties can be restored to their pre-settlement status and whether equitable concerns merit rescission instead of enforcement of the agreement's terms. After those issues are resolved, the trial court can re-evaluate the parties' requests for attorney fees and assess which party prevailed in each phase of litigation. Vacated.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: January 25, 2024, Case #: 20220003-CA, Categories: settlements, attorney Fees, Contract
J. Fields finds that the trial court erred in awarding attorney fees and costs petitioner incurred after she rejected a settlement offer. Petitioner sought declaratory relief because a city denied her public records request for a crime victim's name. Before trial, the city provided the name and $2,500 for fees and costs that petitioner incurred up to that point. She was the prevailing party because she was the catalyst for the disclosure. But she is not entitled to $40,000 in fees and costs incurred after the offer, which was unambiguous and enforceable. Reversed.
Court: California Courts Of Appeal, Judge: Fields, Filed On: January 24, 2024, Case #: E079840, Categories: Public Record, settlements, attorney Fees
J. Carney grants the delivery driver's counsel $191,300 in attorney fees for representing the delivery driver in his class action accusing the landscape supply company of not paying him and other employees their overtime wages, bonuses, incentives and commissions. The delivery driver's counsel requests attorney fees equal to one-third of the gross settlement amount, or approximately $266,600, but while the counsel performed adequately, they did not perform exceptionally in the straightforward wage violation case.
Court: USDC Central District of California, Judge: Carney, Filed On: January 22, 2024, Case #: 8:21cv1834, NOS: Other Labor Litigation - Labor, Categories: settlements, attorney Fees, Class Action
J. Scales finds the trial court improperly denied the shopping mall owner's motion for attorney fees in a citizen's slip and fall lawsuit. In part because the owner's joint proposal with the citizen regarding settlement funds was not ambiguous or invalid just for the fact that it did not have an explicit date for when the funds would be paid, and because the proposal satisfies all that needs to be satisfied under Florida statutes, the trial court was incorrect. On remand, the trial court is ordered to continue proceedings, including as to the citizen's claim that the owner's proposal was made in bad faith. Reversed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: January 17, 2024, Case #: 22-2237, Categories: settlements, Tort, attorney Fees
Per curiam, the appellate division finds that the lower court properly denied nonparty Schwartz, Goldstone, Campisi & Kates' motion for leave to intervene in the underlying personal injury action's compromise proceeding insofar as it addressed claims by nonparty the Flomenhaft Law Firm as to its attorney expenses to be deducted from the settlement. Prior orders in this case did not secure the moving law firm's right to participate in the court's consideration of attorney expenses at a compromise proceeding. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 21, 2023, Case #: 06599, Categories: settlements, Tort, attorney Fees
Per curiam, the circuit finds the district court properly dismissed the retaliation and hostile work environment claims filed by the former employee. The parties had previously entered into a binding settlement agreement via email, under which the employee agreed to dismiss all claims in all cases in exchange for the employer’s agreement to forego attorneys’ fees in all actions.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 8, 2023, Case #: 21-20628, Categories: settlements, attorney Fees, Employment Retaliation
[Consolidated.] Per curiam, the circuit finds that the district court improperly held that a settlement accepted in the death of a disabled woman in state care barred her family from seeking attorney fees because the agreement was akin to a contract, and its terms did not speak specifically to such recovery. Meanwhile, the agreement did not block the family from bringing an action in state court. Reversed in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 6, 2023, Case #: 22-2329-cv (L), Categories: settlements, Tort, attorney Fees
J. Anello awards the borrower $82,000 in attorney fees after agreeing to a $40,000 settlement in his case alleging that the mortgage company inaccurately reported to credit agencies that he was behind on his payments. The mortgage company's settlement offer did not state that attorney fees or costs were included, so the borrower is entitled to an award of attorney fees as the prevailing party.
Court: USDC Southern District of California, Judge: Anello, Filed On: November 29, 2023, Case #: 3:22cv345, NOS: Consumer Credit - Other Suits, Categories: settlements, Banking / Lending, attorney Fees
J. Staton partially grants the consumers' motion for attorney fees for their complaint asserting that Mercedes-Benz USA sold them a vehicle with serious defects, including “powertrain system defects, engine defects and other serious nonconformities.” The consumers' counsel submits reasonably detailed billing records for 30.7 attorney hours for three attorneys, but their claim that their possibly delayed time spent on a $59,000 settlement offer does not justify the costs incurred after Jul. 10, 2023, when MBUSA removed this case to federal court.
Court: USDC Central District of California, Judge: Staton, Filed On: November 28, 2023, Case #: 2:23cv5532, NOS: Other Contract - Contract, Categories: settlements, attorney Fees, Contract
J. Hornsby grants summary judgment to the estate of the decedent’s mother, and against his living brother, awarding a total of $480,000 insurance annuity payments to her estate. The living brother is a tertiary beneficiary; however, absent express language in the annuity to the contrary, if a primary beneficiary dies after the insured, but before all proceeds are paid to her, the estate of the primary beneficiary, not a secondary or tertiary beneficiary, is entitled to the proceeds. There was no such express language in the annuity contract or other relevant documents, so the estate of the mother is entitled to all remaining payments due under the annuity.
Court: USDC Western District of Louisiana , Judge: Hornsby, Filed On: November 16, 2023, Case #: 5:23cv158, NOS: Insurance - Contract, Categories: Insurance, settlements, attorney Fees