15 results for 'cat:"Tort" AND cat:"Attorney Fees"'.
J. Reichek finds that the lower court properly awarded the original guardian ad litem’s fees and expenses in this lawsuit arising from a motor vehicle accident. The lower court did not abuse its discretion in determining the amount of the fees awarded. The record shows that the appellant failed to respond to certain communications and was eventually replaced as ad litem. Affirmed.
Court: Texas Courts of Appeals, Judge: a, Filed On: May 8, 2024, Case #: 05-22-00829-CV, Categories: Civil Procedure, tort, attorney Fees
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. Cho awards the prevailing litigant in a civil rights action $268,547 in attorney fees and $5,282 in costs after jury found in favor of a Rikers Island inmate who says he was assaulted by two corrections officers, awarding him $1.5 million in damages. The court reduces his counsel’s requested hourly rate of $550 to a more reasonable $450 per hour.
Court: USDC Eastern District of New York, Judge: Cho, Filed On: February 28, 2024, Case #: 1:17cv6349, NOS: Other Civil Rights - Civil Rights, Categories: tort, attorney Fees, Prisoners' Rights
J. Rios upholds the trial court's award of attorney fees to an insured on his action against State Farm for underinsured motorist coverage. Although the jury's award was less than State Farm's pre-suit settlement offer, the insured was still successful on his claim, and "[t]o hold otherwise would effectively penalize [the insured] for declining to accept" the offer. Affirmed.
Court: Texas Courts of Appeals, Judge: Rios, Filed On: February 2, 2024, Case #: 04-22-00113-CV , Categories: Insurance, tort, attorney Fees
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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
J. Aoyagi finds the trial court erred in denying a request for attorney fees after plaintiff was awarded damages for battery. In a separate case filed by defendant, the lower court found against both parties. In denying attorney fees for plaintiff in his successful action, the trial court essentially treated the consolidated cases as a single action, which was improper. “Separate actions must be treated as separate, even when consolidated.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: January 4, 2024, Case #: A178680, Categories: 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
[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. 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. Walker finds that the lower court improperly awarded the petitioner $55,000 in attorney fees pursuant to a statutory lien. The attorney could not claim a lien on the settlement proceeds because the plaintiffs did not hire him to represent them. Reversed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: September 27, 2023, Case #: 211323, Categories: tort, attorney Fees
J. Strawbridge awards a law firm $564 in costs for copying charges, the cost of retrieving medical records in 2012, and other administrative expenses such as court filing fees in this concussion injury class action suit filed against the National Football League. The plaintiff class member did not dispute the legitimacy of these charges.
Court: USDC Eastern District of Pennsylvania, Judge: Strawbridge, Filed On: September 5, 2023, Case #: 2:12md2323, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, attorney Fees, Class Action
J. Valenzuela upholds the lower court's award of continency attorney fees to an individual's former attorney in connection with a personal injury suit. The individual had requested the order granting the attorney summary judgment be reinstated under a Rule 11 agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: July 12, 2023, Case #: 04-22-00194-CV , Categories: tort, attorney Fees