13 results for 'cat:"Enforcement Of Judgments" AND cat:"Attorney Fees"'.
J. Huffman holds that the trial court abused its discretion by granting a judgment debtor's motion to tax costs after finding that a judgment creditor had not yet prevailed on its fraudulent transfer claim. Statute does not have a prevailing party requirement where a judgment creditor incurs reasonable and necessary interim costs to enforce a judgment. Reversed.
Court: California Courts Of Appeal, Judge: Huffman, Filed On: March 8, 2024, Case #: D081492, Categories: enforcement Of Judgments, attorney Fees, Contract
J. Milazzo grants a request for default judgment by a seller of construction material against a contractor for unpaid invoices amounting to $399,000. The contractor has failed to appear in court, respond to the suit or otherwise defend itself. However, the prevailing construction business’s request for attorney fees in the amount of $4,700 does not detail the lawyers hourly billing rate nor the hours spent on the litigation; therefore, the litigant must submit attorney fees and costs according to Louisiana law.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: February 8, 2024, Case #: 2:23cv511, NOS: Other Contract - Contract, Categories: Construction, enforcement Of Judgments, attorney Fees
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J. Burroughs grants in part a former employee’s motion for his former employer to pay for his attorney fees and costs plus prejudgment interest following a judgment in his favor for his former employer’s failure to pay him some of his wages. The former employee is not entitled to fees to cover work that was performed towards unsuccessful claims, but he is entitled to some coverage and a process called the lodestar method is used to help determine the correct coverage of his attorney fees.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: October 3, 2023, Case #: 1:19cv10717, NOS: Other Contract - Contract, Categories: Employment, enforcement Of Judgments, attorney Fees
J. Feuer finds the trial court properly entered a default judgment of $59,191 plus attorney fees against the homeowner who failed to file an answer when he was sued for breach of contract by renters. During the renters’ tenancy, they discovered mold and reached an agreement to receive an $8,000 credit. After the home was vacated, the owner did not pay the credit, return the security deposit or identify claimed deductions from the deposit. All evidence supports the judgment, and there was no error in allowing attorney fees as enforcement costs. Affirmed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: October 3, 2023, Case #: B322796, Categories: Landlord Tenant, enforcement Of Judgments, attorney Fees
J. Chen enters judgment against a tow service company and awards a tow truck driver $5,000 in statutory damages, $36,400 in unpaid compensation wages, $4,200 in backpay and $60,000 in punitive damages, along with pre- and post-judgment interest, after a jury found the employer liable for Fair Labor Standards and New York Labor Law wage and retaliation violations. He is further awarded a total of $158,319 in attorney fees and costs.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: September 25, 2023, Case #: 1:17cv3018, NOS: Fair Labor Standards Act - Labor, Categories: enforcement Of Judgments, attorney Fees, Labor
J. Page finds that this appeal of the trial court's judgment enforcing a lien filed by the plaintiffs' former attorney against their shares of a partition sale must be dismissed. The appellate brief fails to coherently state what the lower court allegedly did in error or how it violated any legal rule. On remand, the lower court shall determine the former attorney's reasonable attorney fees expended on this appeal.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: August 29, 2023, Case #: ED110934, Categories: enforcement Of Judgments, attorney Fees
J. Lee finds that the lower court properly sanctioned the attorney for his attempts to enforce a judgment against his former clients in defiance of a court order disqualifying him from prosecuting this matter due to his former representation. The attorney was not entitled to disregard the order simply because he disagreed with it. His suit is dismissed and he must pay his former clients' legal fees in connection with this appeal. Affirmed.
Court: 7th Circuit, Judge: Lee, Filed On: August 3, 2023, Case #: 22-2691, Categories: enforcement Of Judgments, attorney Fees