News & Analysis as of

Attorney's Fees Fee Awards

Farrell Fritz, P.C.

Commercial Division Grants Award of Attorneys’ Fees, Despite Omnibus Objections Aimed to the Reasonableness of Services

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Lawyers practicing in the Commercial Division are keenly aware of issues related to attorneys’ fee awards in commercial cases.  Commercial agreements commonly contain a provision awarding attorneys’ fees to a prevailing party...more

Kilpatrick

Eighth Circuit enters attorneys’ fee fray in declaring fee award a windfall

Kilpatrick on

Takeaway: Courts are continuing to take a hard look at class action fee awards, and in In re T-Mobile Customer Data Security Breach Litigation, --- F.4th ----, 2024 WL 3561874 (8th Cir. July 29, 2024), the Eighth Circuit...more

McAfee & Taft

Attorney fee awards in Oklahoma: More than just a number

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Whether you’re considering a move for—or defending against—an attorney fee award, it’s crucial to be aware of the Oklahoma Supreme Court’s recent decision in Fleig v. Landmark Constr. Grp., 2024 OK 25. In Fleig, the Supreme...more

Marshall Dennehey

No Independent Right to Attorney’s Fees Under Fla. Stat. 627.70152

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Key Points: A dispute over attorney’s fees alone cannot be the trigger for a lawsuit or a fee award under Fla. Stat. § 627.70152. Fla. Stat. § 627.70152 does not create a separate and independent right to attorney’s fees....more

Woodruff Sawyer

Will the Dell Plaintiff Attorney Fee Award Incentivize Lawsuits in Delaware?

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Students of D&O litigation know that the plaintiffs’ bar works on a contingency basis. While some may bemoan this fact, the structure does create a set of clear incentives for rational economic actors. Plaintiff attorneys,...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Slashes Exorbitant Attorney’s Fee Award That Would “Make the Average Person Shake Her Head in Disbelief”

The Ninth Circuit recently struck a blow against plaintiffs’ attorneys’ ability to recover handsome attorney’s fee awards in class action settlements when there is little actual benefit to the class. In Lowery v Rhapsody...more

Holland & Knight LLP

Ninth Circuit Affirms That Class Action Settlement Was Not a "Coupon Settlement"

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The U.S. Court of Appeals for the Ninth Circuit in McKnight v. Hinojosa, No. 21-16623, 2022 WL 17333820 (9th Cir. Nov. 30, 2022) considered whether the proposed class action settlement was a "coupon settlement" and therefore...more

McDermott Will & Emery

Fee Award Appropriate for Trying to Refresh and Replay Case

The US Court of Appeals for the Federal Circuit upheld an attorneys’ fees award after the patent owner brought successive patent infringement suits attempting “to refile to wipe the slate clean” after the first court was...more

White and Williams LLP

MA SJC Rules Attorney’s Fees Awarded Under G. L. c. 93A Are Not Covered by Liability Policy

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In Vermont Mutual Insurance Company v. Poirier, the Massachusetts Supreme Judicial Court (SJC) ruled that attorney’s fees awarded under M.G. L. c. 93A are not covered by a Businessowner’s Liability Policy, because such fees...more

McGuireWoods LLP

Seventh Circuit Vacates 25% Attorneys’ Fee Award

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The 7th Circuit recently vacated a 25% attorneys’ fee award in In re Stericycle Securities Litigation, No. 20-2055, 2022 WL 1564997, at *1–14 (7th Cir. May 18, 2022). The Court’s reasoning focused on the previous litigation...more

Fox Rothschild LLP

Can You Pass Go with a Fee Award?

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Back in November, I wrote about the possibility of a fee award being immediately appealable if the amount in question is significant enough. In the latest batch of opinions from the Court of Appeals, that issue reared its...more

Morris James LLP

Chancery Awards $9.5 Million Mootness Fee for Reduction of Voting Control and Other Benefits

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Hollywood Firefighters Pension Fund v. Malone, C.A. 220-0880-SG (Nov. 8, 2021) - A plaintiff may be entitled to a mootness fee if it shows that its action had merit and produced a corporate benefit. This case outlines the...more

Shutts & Bowen LLP

No Need to Panic—Attorney Fee Provisions in Florida Are Safe

Shutts & Bowen LLP on

Earlier this month in Levy v. Levy, No. SC20-1195, 2021 WL 4614308 (Fla. Oct. 7, 2021), the Supreme Court of Florida issued a ruling that section 57.105(7) of the Florida Statutes did not apply to the attorney’s fee provision...more

Morris James LLP

Court of Chancery Denies Lead Plaintiff’s Application for Incentive Fee from Overall Fee Award

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Morrison v. Berry, C.A. No. 12808-VCG (Del. Ch. July 12, 2021) - Delaware courts generally do not award special compensation to lead plaintiffs in class action litigation. Delaware courts typically limit awards to...more

Patton Sullivan Brodehl LLP

A Dissolved LLC Can Still Recover Attorney Fees

An LLC Jungle post from last year addressed the issue of whether derivative claims can be pursued for a dissolved LLC.  See: Can Derivative Claims be Pursued for a Dissolved or Cancelled LLC?  The short answer is “yes.”...more

Fox Rothschild LLP

Counsel Fee Awards For Child-Related Litigation Can Be Qualified As Support To Restrain The Obligor Discharging The Obligation In...

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We previously blogged about the Bisbing matter with respect to the precedent-setting decision that modified the standard for a custodial parent seeking to relocate with the minor children outside of the State of New Jersey,...more

Dechert LLP

Ninth Circuit: Class Action Settlement Not “All Right, All Right, All Right”

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Key Takeaways - The Ninth Circuit holds that, following changes to Rule 23(e), the Bluetooth factors for fairness of pre-certification class action settlements also apply to post-certification settlements....more

Patterson Belknap Webb & Tyler LLP

Judge Oetken Rejects Fee Award Despite Plaintiff’s Failure to Prove Standing

On March 5, 2021, the Federal Circuit affirmed U.S. District Judge J. Paul Oetken’s (S.D.N.Y.) order dismissing the remaining claims of plaintiff Bobcar Media, LLC (“Bobcar”).  On March 30, 2021, Judge Oetken denied a motion...more

BakerHostetler

Eleventh Circuit Upholds Small Fee Award in FLSA Case

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When is a win not a win? One ace in the hand of plaintiffs’ counsel in Fair Labor Standards Act (FLSA) litigation (as well as claims under Title VII, the Americans with Disabilities Act or the Age Discrimination in Employment...more

Pillsbury Winthrop Shaw Pittman LLP

Ninth Circuit Raises Fee Award Hurdle in Coupon Class Action Settlements

Ninth Circuit decision prohibits use of lodestar-only methodology to calculate a fee award for class action settlements involving coupons. The decision contemplates coupon class action settlements where coupons are...more

BakerHostetler

Sixth Circuit Sets Out Guidelines for Lodestar Fee Awards in Class Actions

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Attorney fee awards are a major driver of class action litigation – both in the employment and other contexts. How they are awarded, and what is “reasonable” has been an ongoing source of contention in many cases. A recent...more

Carlton Fields

Considerable Deference With a Caveat: Third Circuit Addresses Fee Awards

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The Third Circuit Court of Appeals recently issued a decision regarding the fee award in the National Football League concussion injury litigation. The decision is non-precedential but still instructive. ...more

Knobbe Martens

$5 Million Attorneys’ Fee Award Affirmed Because Government’s Litigation Position Not Substantially Justified

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HITKANSUT LLC V. UNITED STATES - Before Prost, Clevenger, and Moore. Appeal from the Court of Federal Claims. Summary: Fee-shifting under 28 U.S.C. § 1498(a), turns on whether “the position of the United States was...more

Seyfarth Shaw LLP

End of the Road: Eighth Circuit Upholds $3.3 Million Fee Award Against The EEOC For Frivolous Claims

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Seyfarth Synopsis: After over a decade of litigation between the EEOC and trucking company CRST Van Expedited, the Eighth Circuit recently affirmed a federal district court’s order requiring the EEOC to pay $3.3 million in...more

Chartwell Law

Attorney's Fees Likely to Increase on Dependency Claims

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In a recent unpublished decision the Appellate Division addressed an attorney’s fee issue on a dependency case that has the potential to increase the exposure for such fees in cases going forward. Collas v. Raritan River...more

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