The lawyers & attorneys at Barger & Wolen use this blog to help clients and others stay in touch with the cutting edge of the rapidly growing area of legal fee evaluation.
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On April 13, 2009, the law firm of Weil, Gotchal & Manges filed an application for legal fees in the Lehman Brothers bankruptcy case seeking a total of $55.1 million for professional services rendered over the 5 month and 15 day period from September 15, 2008, through January 31,...
In Martinez v. Brownco Construction Co., 2012 DJDAR 1950 (2012), the California Court of Appeal for the Second Appellate District clarified an important issue under the offer of judgment statute, California Code of Civil Procedure (“CCP”) Section 998. The plaintiff suffered...
In Cinel v. Christopher, 2012 DJDAR 2171 (2012), the Second District California Court of Appeal reviewed an order rendered by the trial court denying a petition to confirm an arbitration award. A Brazilian citizen (the “investor”) purchased a large number of shares of stock from a...
In Lin v. Jeng, 2012 DJDAR 2498 (2012), the California Court of Appeal for the Second Appellate District rendered a fee award based on equitable principles in a partition action involving a real estate dispute between family members. The plaintiffs filed a partition action against other family...
Counsel's Mistaken Decision Constituted Good Cause to Extend the Deadline for Filing of a Fee Petition
In Lewow v. Surfside III Condominium Owners’ Assn. Inc., 2012 DJDAR 1445 (2012), the California Court of Appeal for the Second Appellate District decided a novel case dealing with the interplay between a fee award entered under California’s “common interest...
Fee Award Rendered Against Prisoner for Maintaining Frivolous Litigation is Not Subject to Discharge Under the Federal Bankruptcy Code
In Searcy v. ADA County, 2012 DJDAR 1099 (BAP 2012), the Bankruptcy Appellate Panel (the “BAP”) for the Ninth Circuit decided whether a fee award rendered against a prisoner under Idaho State law was a dischargeable debt under the Federal Bankruptcy Code. The court concluded it was...
California Civil Code Section 1717 Provides for Mutuality of Remedy in Favor of a Third Party Beneficiary
In Cargill Inc. v. Souza, 2011 DJDAR 17680 (2011), the California Court of Appeal for the Fifth Appellate District decided a novel case relating to the attempt by a litigant’s attempt to enforce a fee clause in a contract against a purported third party beneficiary of the agreement. The...
In Salehi v. Surfside III Condominium Owners’ Association, 2011 DJDAR 16552 (2011), the California Court of Appeal for the Second Appellate District decided a case illustrating the pitfalls of a plaintiff pursuing litigation without a strategic game plan. The end result was a fee...
In Dzwonkowski v. Spinella, 2011 DJDAR 16427 (2011), the California Court of Appeal for the Fourth Appellate District decided an appeal relating to an award of attorney fees arising out of fee arbitration. A client retained a law firm for representation in a probate matter. Another attorney...
In Marriage of Guilardi, 2011 DJDAR 16245 (2011), the California Court of Appeal for the Sixth Appellate District decided a fee petition related to so?called pendente lite attorney fees. The fees were generated from the efforts of a party to set aside a marital settlement agreement...