10 results for 'cat:"Health Care" AND cat:"Attorney Fees"'.
J. Gould finds that the lower court must reevaluate the amount of attorney fees owed to a transgender inmate for a successful Eighth Amendment claim. The inmate obtained an injunction requiring the state of Idaho, private prison company Corizon, and individual Idaho prison officials to provide the inmate with adequate medical care, including gender-confirmation surgery. The lower court awarded $2.58 million in attorney fees to the inmate, but improperly assessed the fees by calculating the lodestar amount to include fees incurred litigating unsuccessful claims advanced in the complaint. However, the district court correctly applied an enhancement to the lodestar amount given that counsel operated under extraordinary time pressure. Vacated in part.
Court: 9th Circuit, Judge: Gould, Filed On: April 5, 2024, Case #: 22-35876, Categories: health Care, attorney Fees, Prisoners' Rights
J. Nowell finds that the lower court improperly awarded attorney fees in this suit for damages but otherwise affirms the judgment. The petition stemmed from an alleged medical debt, and the evidence sufficiently established the validity of the appellee's sworn account claim. However, the appellant was improperly denied a jury trial on attorney fees. Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: March 15, 2024, Case #: 05-23-00053-CV, Categories: Debt Collection, health Care, attorney Fees
J. Aspen partially grants the sued medical imaging equipment companies’ motions to reconsider the court’s earlier rulings in this trade secrets case. In those prior rulings, the court largely sided with the suing medical equipment companies by issuing a permanent injunction and civil contempt sanctions against the defendants, and ordering the latter to pay plaintiffs $2.4 million in attorney fees. Upon reconsideration, the court keeps the civil contempt sanctions in place and denies the motion to vacate the injunction, and also grants the plaintiffs’ motion for an additional $1.9 million in attorney fees.
Court: USDC Northern District of Illinois, Judge: Aspen, Filed On: January 19, 2024, Case #: 1:19cv2648, NOS: Other Statutory Actions - Other Suits, Categories: health Care, Trade Secrets, attorney Fees
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Tijerina finds that the lower court properly dismissed the appellants' claims against the critical care physician in this health care liability action. The expert report failed to link the physician to the patient's alleged injuries. Additionally, the lower court should have awarded attorney fees to the physician, and that issue should be remanded for further proceedings. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: November 2, 2023, Case #: 13-22-00005-CV, Categories: health Care, Experts, attorney Fees
J. Moore finds the closure of the abortion clinic involved in this suit require dismissal of this appeal and a remand to the lower court to allow for analysis of whether the claims made under the Freedom of Access to Clinic Entrances Act were mooted. Meanwhile, the protesters are not entitled to attorney fees, as there is no evidence the clinic engaged in a purposeful delay of the suit upon finding out the clinic would no longer perform abortions.
Court: 6th Circuit, Judge: Moore, Filed On: September 29, 2023, Case #: 22-5915, Categories: health Care, attorney Fees, First Amendment
J. Crenshaw grants the request for attorney fees in this disability discrimination lawsuit concerning the delivery of certain personal assistance and home health services. The parties previously entered into a settlement agreement, and the court disagrees with the defendant service providers' assessment that this was a "nuisance settlement." Additionally, the revised amount requested is reasonable.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: September 15, 2023, Case #: 3:21cv509, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, health Care, attorney Fees
J. Yarbrough partially approves attorney fees following a class action settlement between consumers and a health care company over a data breach, determining that around $99,000 is a reasonable amount for attorney fees given the “novelty” of this case and other factors, including a comparison with similar cases.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: July 18, 2023, Case #: 1:21cv652, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Civil Procedure, health Care, attorney Fees