Tag: Attorneys Fees

U.S. Supreme Court Rules on Attorneys Fees in Two Patent Cases

Attorney’s fees were the subjects of two U.S. Supreme Court decisions today in high profile patent cases. In Octane Fitness v. Icon Health and Highmark v. Allcare Health, the Court decided in “exceptional cases” reasonable attorneys fees may be awarded to a prevailing party.

Interestingly, the Court leaves it to the trial court to define which cases are exceptional. This is to be done in the court’s exercise of its discretion on a case-by-case basis. This is a dramatic change. The prior standard used in these types of matters required a finding of “subjective bad faith” and/or “objectively baseless” conduct. 

Those standards were very high; making the circumstances where a fee award was granted to be rare.  The policy surrounding this decision appears to deter parties who have abused the patent system for their own financial gain.

Originally posted to Barger & Wolen’s Litigation Management & Attorney Fee Analysis blog.

Employers’ Ability To Collect Attorney’s Fees In Wage Cases Restricted by New Bill

On August 26, 2013, California Governor Jerry Brown signed Senate Bill 462 into law, making it harder for employers to obtain attorney’s fees in certain employment wage claim cases.
Prior to the passage of SB 462, section 218.5 of the California …

HP Inkjet Printer Litigation: Fee Award Fails to Comply With Provisions of the Class Action Fairness Act

By David McMahon
In In re: HP Inkjet Printer Litigation, 2013 DJDAR 6149 (2013) the Ninth Circuit Court of Appeals reversed the approval of an attorney’s fee award. The Ninth Circuit concluded that the fee award did not comply with the provisions …

Updated: California Legislature Passes Insurance-Related Bills Prior to Ending 2012 Session

The California Legislature’s regular 2012 session ended on August 31. In the last days of the session, legislators passed hundreds of bills, including several insurance-related measures. Here are noteworthy insurance-related bills that were passe…

California Legislature Passes Insurance-Related Bills Prior to Ending 2012 Session

The California Legislature’s regular 2012 session ended on August 31. In the last days of the session, legislators passed hundreds of bills, including several insurance-related measures. Here are noteworthy insurance-related bills that were passe…

No Attorney Fees Can Be Awarded for Non-Payment of Rest Breaks, California Supreme Court Rules

In Kirby v. Immoos Fire Protection, Inc., the California Supreme Court held that neither California Labor Code section 1194 nor section 218.5 authorize the payment of attorney fees in an action seeking recovery for denial of required rest breaks under …

Attorneys Fees Against FIGA

I learned many years ago the problem with getting your attorneys fees from FIGA.  I won a case against an insurer and was awarded a sizeable attorneys fee after a fee hearing.  The day after the fee order was entered the insurance compan…

Client Awarded Fees Against Public Adjuster

In Point East Four Condominium Corporation, Inc., ____ So.3d ____ (Fla. 4th DCA 2010), a public adjuster sued his client for payment of its 10% contingency fee.  The client defended by showing that there had been no recovery and therefore no fee w…