49 results for 'cat:"Damages" AND cat:"Attorney Fees"'.
J. Harris finds that the trial court properly awarded damages and attorney fees to a food distributor, and rejected a food supplier's motion for a new trial in a dispute over invoices for tortillas. The supplier claimed an inconsistent verdict but breach of contract and the implied covenant of good faith and fair dealing are independent causes of action so the jury could find bad faith without finding a breach of terms. And a jury could reasonably award damages based on the bad faith claim after finding that the elements of a contract claim aside from damages had not been met. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: May 9, 2024, Case #: 20220982-CA, Categories: damages, attorney Fees, Contract
J. Gill finds the lower court improperly dismissed a tenant's claims for damages and attorney fees associated with an allegedly illegal eviction. A tenant was served with a five-day eviction notice by a landlord during a period when evictions were prohibited due to Covid-19. While the landlord eventually moved to dismiss its claim, the tenant’s counterclaims moved forward, but were dismissed on grounds that the Wisconsin Consumer Act did not apply to residential leases. But the instant court finds it does apply, as a residential lease is a consumer transaction, with the tenant as the customer. The matter is remanded to determine attorney fees owed to tenant’s counsel and to determine the amount of damages to be awarded to the tenant. Reversed.
Court: Wisconsin Court of Appeals, Judge: Gill, Filed On: April 23, 2024, Case #: 2022AP182, Categories: Landlord Tenant, damages, attorney Fees
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J. Oliver grants an employee’s motion for attorney fees and costs related to a case in which the court found that the employer failed to pay workers minimum and overtime wages and awarded the employee $13,000 in damages. The employer claimed that the employee’s requested attorney fees of $115,000 are disproportionate to the damages. The judge determined that not all the billed attorney hours were reasonable and reduced the fees to $80,000, but declined to reduce the fees based on damages, as unfair attorney compensation may lead to reduced attorney participation in cases that involve lower recovery.
Court: USDC Northern District of Ohio, Judge: Oliver, Filed On: March 22, 2024, Case #: 1:19cv2549, NOS: Fair Labor Standards Act - Labor, Categories: damages, attorney Fees
J. Jackson denies a magistrate judge’s recommended amount of $84,000 in contractual damages for a prevailing contractor’s failure-to-perform judgment against a fabricator of countertops. The recommendation would put the prevailing litigant in “a better position” than it would have been if the counter-top maker had performed as promised. stead, the prevailing contractor is awarded $68,000 in contractual damages and $46,000 in attorney fees.
Court: USDC Middle District of Louisiana, Judge: Papillion, Filed On: March 20, 2024, Case #: 3:19cv781, NOS: Other Contract - Contract, Categories: damages, attorney Fees, Contract
J. Hodges finds that the trial court properly ruled in favor of the nurse practitioner and medical practice partial owner on the individual's conspiracy claim in an action alleging that the nurse and owner accessed her medical records without authorization in violation of the Georgia Computer Systems Protection Act. However, the trial court incorrectly found in favor of the nurse and owner on the individual's invasion of privacy claim and the claim alleging violation of the Act. Although the individual did not demonstrate general damages, the law allows for either nominal damages or damages for peace, happiness and feelings if invasion of privacy is proven. The trial court incorrectly ruled in favor of the nurse and owner with respect to the individual's claim for attorney fees related to violation of the Act and invasion of privacy. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 12, 2024, Case #: A23A1716, Categories: damages, Privacy, attorney Fees
J. Wilson reverses the trial court's award of $88,000 in damages and $8,900 in attorney fees in an operating agreement dispute between bitcoin companies. The Delaware court order upon which the trial court based its award of damages was not properly domesticated for enforcement in Texas, and the attorney fees are not supported by evidence. Reversed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: March 12, 2024, Case #: 14-22-00633-CV, Categories: Corporations, damages, attorney Fees
J. Gooding holds that the trial court was within its discretion to award a company only part of its requested attorney fees. The company prevailed on a trade secrets claim and was granted injunctive relief against a former employee, but lost on other counts. The trial court must recalculate its fee award by determining the actual fees the company incurred to obtain injunctive relief. The company is also entitled to expert fees it paid to stop or mitigate damage from the misappropriation of trade secrets. Reversed in part.
Court: California Courts Of Appeal, Judge: Gooding, Filed On: March 8, 2024, Case #: G062056, Categories: Trade Secrets, damages, attorney Fees
J. Brown finds the trial court properly ruled in favor of the injured party, offsetting the judgment against costs awarded to the other party. The injured party filed for damages for a wrist injury more than two years after a minor traffic accident. Though he sought more than $300,000 in damages, the jury awarded the injured him $5,000, while awarding the other involved driver more than $11,000 in fees and costs. The court offset the judgment against the costs awarded to the other driver, ordering a judgment against the injured party for $6,000. The court did not act without due consideration in its deemed denial of the injured party's motion to vacate and to alter or amend its order denying his motion to reopen the record. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: February 28, 2024, Case #: CV-22-78, Categories: Vehicle, damages, attorney Fees
J. Kasubhai grants the software company's motion for attorney fees for remand proceedings relating to its complaint that the adhesive manufacturing company copied the protected design of the software company's patent for its serial number encoder. The adhesive manufacturing company's conduct during litigation makes this case exceptional, so fees are appropriate. The software company is also entitled to prejudgment interest of 9% to the $36 million damages portion of the initial final judgment.
Court: USDC Oregon, Judge: Kasubhai, Filed On: February 27, 2024, Case #: 6:17cv1685, NOS: Patent - Property Rights, Categories: Patent, damages, attorney Fees
J. Locke awards Toyota Lease Trust $232 in depreciation damages, plus $235,054 in attorney fees after it prevailed on its due process and unreasonable seizure claims against a Long Island village. Toyota tried to claim it was entitled to more than $3,000 in depreciation damages, but the court concludes the village is only liable for the loss in the car’s value from the time it was first impounded until its release, not when it was sold at auction a few months later.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: February 15, 2024, Case #: 2:20cv2207, NOS: Other Civil Rights - Civil Rights, Categories: damages, attorney Fees
J. Shea denies the client's motion for a new trial, ruling the jury's finding of a willful and malicious breach of its services contract with the law firm is not against the weight of the evidence, which indicated the client was happy with the firm's performance up until it learned of the adverse jury verdict in the underlying Kentucky trial and then simply refused to pay its legal fees. Meanwhile, because the question of whether the firm and other litigants can seek punitive damages on a contract claim outside the context of an insurance dispute is unsettled in Connecticut, the issue must be certified to the Connecticut Supreme Court for consideration.
Court: USDC Connecticut, Judge: Shea, Filed On: February 8, 2024, Case #: 3:19cv1124, NOS: Other Contract - Contract, Categories: damages, attorney Fees, Contract
[Consolidated] J. Cadish finds the district court improperly dismissed these personal injury claims. The cab company offered the injured party the amount of $150,00, plus costs and fees, in order to obtain a stipulated dismissal. Though the company gave the injured party a check for the agreed-upon amount, it did not pay fees and costs. Reversed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: January 4, 2024, Case #: 84647, Categories: damages, Negligence, attorney Fees
J. Haikala awards default judgment in favor of the pay-per-view fight licensing company, ruling it is entitled to $63,000 in enhanced damages against the bar owner who broadcasted the copyrighted fight for patrons without first purchasing a license. The licensing company is entitled to attorney fees of $1,500 and other cost in the amount of $877.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: January 3, 2024, Case #: 2:22cv1471, NOS: Cable/Sat TV - Other Suits, Categories: damages, attorney Fees
J. Martinez reverses, in part, the trial court's various rulings in a dispute between several oil and gas producers that had working interests in Cooke Ranch. The trial court improperly awarded bonus amounts to two companies after the jury incorrectly reached a verdict contrary to undisputed testimony. Furthermore, a new trial on certain attorney fees must be held, as portions of fees awarded were based on unsegregated amounts or were not fully explained by the trial court. Reversed in part.
Court: Texas Courts of Appeals, Judge: Martinez, Filed On: December 27, 2023, Case #: 04-18-00411-CV , Categories: Energy, damages, attorney Fees
J. Scullin awards a 66-year-old deputy superintendent back pay and front pay in the form of $4,000 yearly pension fund payments until 2042 after a jury found New York’s corrections department liable on her single claim for retaliation after she was demoted. The court further awards her $58,230 in attorney fees and costs.
Court: USDC Northern District of New York, Judge: Scullin, Filed On: December 6, 2023, Case #: 1:20cv155, NOS: Employment - Civil Rights, Categories: damages, attorney Fees, Employment Retaliation
J. Seybert awards an annuity fund administrator $273,209 in ERISA withdrawal liabilities on its ERISA claims against a Manhattan-based real estate investment firm, along with $159,517 in prejudgment interest and $655,587 in attorney fees. The court further finds the firm’s principal personally liable for the claims and awards the administrator an additional $358,862 in damages, plus $404,029 in prejudgment interest.
Court: USDC Northern District of New York, Judge: Seybert, Filed On: December 6, 2023, Case #: 2:15cv4108, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, damages, attorney Fees
J. Cain denies a request by a Texas-based law firm seeking to intervene in a former client’s suit against an insurer, rejecting the firm’s attempt to recover attorneys’ fees and out-of-pocket expenses expended on the case after its lawyers were suspended from the practice of law in Louisiana on misconduct allegations. The litigant argues, and the court agrees, that she dismissed the disgraced law firm for cause. She never spoke with an attorney from the law firm about the retention agreement, and although she received an email telling her they were filing a lawsuit on her behalf, she never spoke to an attorney about the decision to file suit.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: December 5, 2023, Case #: 6:22cv3388, NOS: Insurance - Contract, Categories: damages, attorney Fees, Attorney Discipline
J. Hall finds a marble countertop supplier liable for an employee’s unpaid regular and overtime compensation and wage statement violations and orders the supplier to pay $31,063 in unpaid overtime compensation, $8,104 in unpaid regular wages, plus liquidated damages, penalties, pre- and post-judgment interest, as well as attorney fees and costs. The supplier failed to present any witness testimony at trial to back up its claims that the litigant was an exempt, salaried manager.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: November 30, 2023, Case #: 2:18cv6103, NOS: Fair Labor Standards Act - Labor, Categories: damages, attorney Fees, Labor
J. Mikva finds that the lower court properly denied the contractor's request for postjudgment interest and attorneys fees after an arbitrator awarded the contractor $41,000 in a dispute with homeowners over the construction of a custom home. While the contractor was successful in arbitration, its subsequent litigation has not been successful or changed the outcome of this case in any substantial way, so it cannot be considered the prevailing party entitled to attorney's fees. Affirmed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: October 27, 2023, Case #: 220973, Categories: damages, attorney Fees, Contract
J. McFadden finds that the trial court improperly awarded $130,000 in damages to the landowners in a negligence and trespass action against the county alleging that the county's streets and storm water system cause excessive amounts of storm water to collect and discharge through a pipe onto their property. The trial court incorrectly awarded the landowners attorney fees as well as damages for harm incurred after the landowners' presentation of their ante litem notice. The trial court also improperly found the county liable for damages under the landowners' theory of adverse possession because the landowners failed to show that the county obtained a prescriptive easement in the pipe. However, the trial court properly granted an injunction enjoining the county from maintaining a defective storm water drainage system that causes damage to the landowners' property. Reversed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: October 23, 2023, Case #: A23A0774, Categories: damages, Negligence, attorney Fees
Per curiam, the appellate division finds that the lower court improperly amended a prior order and eliminated millions of dollars in damages owing to the equity group. The court exceeded its authority when it sua sponte vacated its prior confirmation order without notice. However it properly awarded attorneys' fees to the equity group. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 19, 2023, Case #: 05320, Categories: damages, attorney Fees
J. Jones finds that the trial court properly and improperly ruled in an attorney fees case filed by a law firm against a company. On appeal, the company argues that the trial court’s award of damages to the firm was improper because the company cannot be held liable for such fees and its owner cannot be held liable for damages because she was not a client of the firm. According to state law, limited liability companies cannot have attorney fees issued against them; therefore, the trial court erred in issuing its sanctions in this case. However, under the theory of piercing the corporate veil, the company's owner may be held liable for damages to the firm. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: October 6, 2023, Case #: 03-21-00260-CV, Categories: Corporations, damages, attorney Fees