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Article • November 15, 2011
Arizona Court of Appeals Authorizes Attorney Fees in Bilke Minimum Wage Class-Action Suit by Matthew Clarke By Matt Clarke On January 29, 2009, the Arizona Court of Appeals held that plaintiffs’ attorney fees must be paid by the state in the Bilke case. Mitchell Paul Bilke, Charles Roberts, Kenneth Asherman, …
Article • November 15, 2011
Open Public Records Act Plaintiff Entitled to Attorney’s Fees, New Jersey Appellate Court Holds by The Appellate Division for the Superior Court of New Jersey has reversed in part a lower court’s refusal to award attorney’s fees to a plaintiff in an New Jersey Open Public Records Act (OPRA) suit. …
Article • November 15, 2011
U.S. Supreme Court Defines Prevailing Party for § 1988 Purposes by U.S. Supreme Court Defines Prevailing Party for § 1988 Purposes The U.S. Supreme Court held that the touchstone of the prevailing party inquiry must be the material alteration of the legal relationship of the parties in a manner that …
Former Federal Prisoner Seeks Almost $280,000 in Attorney Fees from BOP by In an unusual case, Nicole Michelle Defontes is seeking nearly $280,000 in “attorney’s fees, expert fees, and costs to challenge the Bureau of Prisons’ (BOP) violations of its own rules and regulations,” according to a motion filed in …
Brief • September 15, 2011
Dach v. City of Richmond et al, CA, Letter to Judge, discovery dispute fees cost, 2011 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page1 of 15 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page2 of 15 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page3 of 15 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page4 of 15 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page5 of 15 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page6 …
Brief • August 24, 2011
Hirschfield v. Vernon Co, WI, Plf Brief Support, attorney fees, 2011 Case: 3:11-cv-00030-wmc Document #: 36 Filed: 08/24/11 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN ________________________________________________________________________ JOE HIRSCHFIELD, Plaintiff, v. Case No.: 11-cv-30-wmc VERNON COUNTY, and EX-DEPUTY RHONDA NAGEL, VERNON COUNTY …
Article • August 15, 2011 • from PLN August, 2011
Big Win for Open Government in Vermont Legislature: Attorney Fees Now Mandated for Prevailing Plaintiffs in Public Records Lawsuits by Allen Gilbert Vermont’s public records law will be getting a makeover thanks to a push from open government advocates, the administration of newly-elected Governor Peter Shumlin and a legislature that …
Brief • August 12, 2011
Filed under: Attorney Fee Awards
Blount v. City of New York, NY, attorney fee award, 2011 Blount v. City of New York, Not Reported in F.Supp.2d (2011) 2011 WL 8174137 Only the Westlaw citation is currently available. United States District Court, E.D. New York. Darnell BLOUNT, Plaintiff, v. CITY OF NEW YORK, et al., Defendants. …
Illinois Department of Corrections Must Pay Attorney For Indigent Committed Under Sexually Dangerous Persons Act by Matthew Clarke By Matt Clarke An Illinois court of appeals has held that the Illinois Department of Corrections (DOC) must pay the court costs and attorney fees for an indigent person committed under the …
Article • July 15, 2011
Arizona Reverses Denial of Attorney Fees In Arpaio Public Records Case by Matthew Clarke By Matt Clarke An Arizona court of appeals has reversed the denial of attorney fees and award of costs to defendants in a suit brought to compel Maricopa County Sheriff Joseph M. Arpaio to produce public …
Article • July 15, 2011
11th Circuit: Nominal Damages Resulting From Unconstitutional Arrest Of 9-Year-Old On School Grounds Not Sufficiently Exceptional To Justify Award Of Attorney’s Fees by Michael Brodheim By Michael Brodheim The Eleventh Circuit has vacated the award of attorney’s fees where the prevailing party, a nine-year-old Alabama child who in 2003 was …
Article • July 15, 2011
Massachusetts: Court Reduces Jail Officers’ Attorneys’ Fees by 40% by On June 18, 2010, the Hon. R.G. Stearns, Judge of the U.S. District Court for the District of Massachusetts, issued an order requiring Suffolk County officials to pay attorneys’ fees and costs to the attorneys for a group of 174 …
Ninth Circuit: Despite Award of Only Nominal Damages, Attorney Fees Appropriate in § 1983 Wrongful Death Suit by Ninth Circuit: Despite Award of Only Nominal Damages, Attorney Fees Appropriate in § 1983 Wrongful Death Suit Despite a jury’s award of only nominal damages, the Ninth Circuit affirmed the award of …
Article • May 15, 2011
Second Circuit Rejects Bivens Claim against Judges for Attorney Compensation by On August 28, 2009, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a lawsuit by a public defender who alleged that he was undercompensated in violation of his right to due process. David Bliven …
Article • May 15, 2011
Judge Denies Attorney’s Fees to Prevailing Defendant by U.S. Magistrate Judge John A. Gorman has denied a request for attorney’s fees and sanctions against a plaintiff who brought an unsuccessful civil rights action. Defendant Advanced Correctional Healthcare Inc. had argued that it was entitled to attorney’s fees because the plaintiff’s …
Attorney Fees and Costs Against Exoneree Who Lost Lawsuit Denied by On May 21, 2009, a Michigan federal court denied a motion by defendants for attorney fees and costs in an unsuccessful lawsuit brought by an exoneree. During a custody dispute with his ex-girlfriend in 1987, Mark Norman Cleary's seven-year-old …
Open Government Act’s Catalystic Theory for Attorneys’ Fees Doesn’t Apply Retroactively by The provisions of the Open Government Act of 2007 that restore the catalyst theory for attorneys’ fees do not apply retroactively, the D.C. Circuit decided June 26, 2009. Anthony Summers settled a Freedom of Information Act (FOIA) suit …
Attorney Fee Award Not Conditioned on Attempts at Pre-litigation Resolution by by Michael Brodheim In a case resulting in the enforcement of provisions that California prisoners, under certain circumstances, be paid for work at no less than minimum wage, the California Supreme Court held that pre-litigation resolution attempts are not …
Article • April 15, 2011
Ninth Circuit: Jury Finding of Excessive Force Entitles Prevailing Party to Award of Attorney’s Fees by A divided Ninth Circuit has affirmed a jury’s award of only nominal damages for a police officer’s use of excessive force, but reversed the district court’s decision to deny costs and attorney’s fees to …
Article • April 15, 2011
California: Renewed Motion for Attorney Fees Properly Denied When Correct Authority Not Diligently Raised by The California Court of Appeal has affirmed the denial of two requests for attorney fees brought by the state of California, two state agencies and three state officials (collectively, the state), after they successfully defended …
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