55 results for 'cat:"Civil Procedure" AND cat:"Attorney Fees"'.
J. Kern finds that the lower court properly granted the law firms' motion for summary judgment on their claims for legal fees based on an account stated. An account stated claim is not duplicative of a claim for breach of contract, because the client's act of retaining the invoice without objection is considered acquiescence as to its correctness. Affirmed.
Court: Illinois Appellate Court, Judge: Kern, Filed On: May 14, 2024, Case #: 02657, Categories: civil Procedure, 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. Dick grants, in part, a request by an insurer to deposit $325,000 in annuity proceeds into the court’s registry and be dismissed from the case on grounds it is a disinterested stakeholder. The insurer's requested $9,400 in attorney fees is reduced to $6,500, as the requested amount is excessive. The insurer will then be dismissed from the case.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: May 7, 2024, Case #: 3:23cv601, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, Insurance, attorney Fees
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
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J. Segal finds that the trial court should have granted an employer's motion to vacate a renewal of judgment for interest on an attorney fee award. Following a reversal that added to a previous attorney fee award in favor of an employee, the employee's attorneys sought interest from the time of the original trial court denial of fees. But because the appellate decision was not a modification, the interest on the fee award began to accrue when the appeals court reversed. Reversed.
Court: California Courts Of Appeal, Judge: Segal, Filed On: April 24, 2024, Case #: B327821, Categories: civil Procedure, Employment, attorney Fees
J. Anderson grants, in part, attorney fees, interest and conditional appeals fees to a company that filed a breach of contract claim in state court but then filed a motion to dismiss to file a new claim in federal court in which the company prevailed. The attorney fees and interest are not recoverable for the case in the state court because of the defendant’s LLC status, but the fees are recoverable in federal court. The requests for fees pertaining to the federal case are granted in full.
Court: USDC Southern District of Texas, Judge: Anderson, Filed On: April 23, 2024, Case #: 3:21cv298, NOS: Other Contract - Contract, Categories: civil Procedure, Venue, attorney Fees
J. Contreras grants the appellant's motion for rehearing and replaces the prior opinion with the current opinion, holding that the lower court properly granted the appellee's motion to dismiss this breach of contract lawsuit pursuant to Rule 91a. The court concludes that "attorney immunity applies" to the case, meaning the claim had no basis in law. The judgment is modified, however, as to the award of attorney fees. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: April 18, 2024, Case #: 13-23-00122-CV, Categories: civil Procedure, attorney Fees, Contract
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. Cain denies a request by a Texas-based law firm to reject a lower court’s recommendations that it be barred from intervening in a former client’s suit to recover fees and out-of-pocket expenses prior to its lawyers’ suspension from the practice in Louisiana for using modern-day runners to get clients, a state-law felony. The firm unsuccessfully argued the magistrate judge exceeded her authority and failed to apply the correct legal standards in her report. However, the ruling agrees with the magistrate judge’s conclusions the firm’s assertions fail to support its request for intervention and that the firm has acted with so little regard for the rules of ethics and professional conduct that it deprived itself of the ability to provide any meaningful service to clients with legitimate claims.
Court: USDC Western District of Louisiana , Judge: Walter, Filed On: February 14, 2024, Case #: 1:22cv4071, NOS: Insurance - Contract, Categories: civil Procedure, attorney Fees, Attorney Discipline
J. Kyzar finds that the trial court properly granted partial summary judgment to the colonel and awarded attorney fees to the state agency in a defamation suit brought by a former member of the Louisiana State Police Commission. The award of $50,376 in fees to the agency was supported by the record when it prevailed on its motion to strike, and the former member did not show the colonel abused his "qualified privilege" in making the statements in the specified incident report or that he acted with malice or in bad faith. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: January 31, 2024, Case #: CA-23-253, Categories: civil Procedure, Defamation, attorney Fees
J. Jackson grants a bank’s unopposed request for $842,000 in attorney fees arising from a breach of contract suit but denies its “eyepopping” request for $504,000 in legal expenses and costs not normally awarded in federal court. The bank argues its deposit agreement does not limit the types of cost and expenses it should be allowed to recover and the bank should not be limited by federal law either. Ambiguous language in the deposit agreement precludes a finding the bank may seek limitless costs.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: January 19, 2024, Case #: 3:19cv811, NOS: Other Contract - Contract, Categories: civil Procedure, Banking / Lending, attorney Fees
J. Brownlee partially grants petitioners’ petition for a writ of certiorari to quash a discovery order and a writ of prohibition to stop the trial court from further proceedings in this stockholder dispute regarding attorney fees. None of the parties in this case filed a motion for fees to the trial court. Therefore, the trial court lacked jurisdiction to consider and award attorney fees. The appeals court issues a writ of prohibition keeping the trial court from further adjudicating the issue of appellate attorney fees.
Court: Florida Courts Of Appeal, Judge: Brownlee, Filed On: January 12, 2024, Case #: 6D23-3012, Categories: civil Procedure, attorney Fees
J. Guidry finds that the trial court partly erred in its apportionment of attorney fees in a dispute between a lawyer and his former law firm over fees for certain clients. For those clients where there was an abuse of discretion in the apportionments, the fee splits are modified accordingly. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Guidry, Filed On: December 27, 2023, Case #: 2023CA0022, Categories: civil Procedure, attorney Fees
J. Kugler rules in part for a housing complex accused of attempting to change the terms of a residential lease after the tenant missed several rent payments. The tenant failed to respond to motions filed by the housing complex by set court deadlines, and evidence did not indicate the court acted with racial bias. Meanwhile, the complex did not attempt to charge the tenant attorney fees but failed to provide an analysis explaining why retaliation is not cognizable under state tenant laws.
Court: USDC New Jersey, Judge: Kugler , Filed On: December 27, 2023, Case #: 1:19cv13412, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Landlord Tenant, attorney Fees
[Consolidated.] J. Eagan denies the plaintiff oil and gas company's motion for partial summary judgment seeking a declaration that the defendant company, a "working interest owner" in five development projects, is obligated "under the parties' contractual agreements to pay legal expense" in connection with certain earthquake and insurance litigation. Additionally, the court will grant the defendant's cross-motion and declare that it has no obligation to pay the fees at issue.
Court: USDC Northern District of Oklahoma , Judge: Eagan, Filed On: December 19, 2023, Case #: 4:20cv592, NOS: Other Contract - Contract, Categories: civil Procedure, Insurance, attorney Fees
Per curiam, the Supreme Court of Ohio finds the developer is entitled to a writ of prohibition to prevent any alterations to the judgment or an award of additional fees to the homeowners. The trial court lost jurisdiction over the lawsuit when it entered a final judgment in favor of the homeowners and, upon a limited remand from the appeals court, could not consider the homeowners' request for additional attorney fees.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 31, 2023, Case #: 2023-Ohio-3907, Categories: civil Procedure, Jurisdiction, attorney Fees
Per curiam, the court of civil appeals finds that the lower court properly dismissed the pro se appellant's lawsuit as to the deputy, in this case asserting claims for abuse of process and false arrest. The appellant's voluntary dismissal did not apply to his claims against the deputy, since the deputy "had already filed a motion for a summary judgment." His appeal is dismissed, however, as it pertains to certain orders awarding attorney fees and costs, since those orders are void. Affirmed in part.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: September 29, 2023, Case #: CL-2022-0847, Categories: civil Procedure, attorney Fees