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Article • November 17, 2015
Filed under: Attorney Fee Awards
New York: Federal Court’s Denial of Fees to Attorney Improper without Further Inquiry into Time Records by New York: Federal Court’s Denial of Fees to Attorney Improper without Further Inquiry into Time Records The U.S. Court of Appeals for the Second Circuit has held that a lower court abused its …
Article • November 17, 2015
New York Prisoner’s Suit Dismissed in Federal Court for Prisoner’s Misconduct by New York Prisoner’s Suit Dismissed in Federal Court for Prisoner’s Misconduct The U.S. Court of Appeals for the Second Circuit has affirmed the district court’s dismissal of a suit filed by Edward Koehl, a New York prisoner, for …
Article • November 17, 2015
Iowa: State Department Ordered to Cover Court-Appointed Counsel’s Expenses in Privately Prosecuted State Action by Iowa: State Department Ordered to Cover Court-Appointed Counsel’s Expenses in Privately Prosecuted State Action The Iowa Supreme Court has affirmed a lower court’s order for the Iowa Department of Management (IDM) to pay, as a …
Article • November 16, 2015
Ninth Circuit Affirms Attorney’s Fees for Denied Motion by Ninth Circuit Affirms Attorney’s Fees for Denied Motion In response to the state’s appeal of awarded attorney’s fees generated by monitoring compliance to an injunction compelling the defendant, Idaho State Board of Corrections (ISBC), to reach prescribed population levels, along with …
Article • November 16, 2015
Ninth Circuit Holds for Plaintiffs on Interest of Damages Award by Ninth Circuit Holds for Plaintiffs on Interest of Damages Award The United States Court of Appeals for the Ninth Circuit held in July 2013 for the plaintiffs, Charles and Rita Barnard, in their appeal of the district court’s decision …
Article • November 16, 2015
Filed under: Attorney Fee Awards
California Petitioner’s Attorneys Not Liable for Costs Incurred by Petitioner’s Unsuccessful Suit by California Petitioner’s Attorneys Not Liable for Costs Incurred by Petitioner’s Unsuccessful Suit The California Court of Appeal for the Fourth District, Division One has held that the attorneys representing a petitioner in an injury suit were not …
Article • November 13, 2015
Woman Not Prevailing Party; Not Entitled to Award Despite Temporary Restraining Order by Woman Not Prevailing Party; Not Entitled to Award Despite Temporary Restraining Order The U.S. Court of Appeals for the Second Circuit Court has reversed a lower court's holding that a plaintiff was entitled to attorneys' fees as …
Article • November 2, 2015
Filed under: Attorney Fee Awards
Plaintiffs’ Award of Attorneys’ Fees Deemed Excessive in Lengthy Suit Achieving “Some” Success by Plaintiffs’ Award of Attorneys’ Fees Deemed Excessive in Lengthy Suit Achieving “Some” Success The United States Court of Appeals for the Second Circuit held that a district court’s award of $216,528 in attorneys’ fees was excessive …
Article • October 30, 2015
Fourth Circuit Orders District Court to Award Attorney Fees in Free Speech Suit against North Carolina Sheriff by Fourth Circuit Orders District Court to Award Attorney Fees in Free Speech Suit against North Carolina Sheriff On July 11, 2014, the U.S. District Court for the Fourth Circuit reversed a lower …
Article • October 30, 2015
Attorney Fees Against “Untruthful” Oregon Guard Vacated by Mark Wilson Attorney Fees Against “Untruthful” Oregon Guard Vacated by Mark Wilson The Oregon Court of Appeals reversed a $30,000 attorney fee award against a prison guard, holding that her claims were not “unreasonable, frivolous, and without foundation.” In April 2007, Oregon …
Article • October 28, 2015
Washington Indigent Defense System Knowingly Violated Sixth Amendment by Washington Indigent Defense System Knowingly Violated Sixth Amendment by Mark Wilson “The public defense system in Mount Vernon and Burlington has systemic flaws that deprive indigent criminal defendants of their Sixth Amendment right to the assistance of counsel,” a Washington federal …
Article • October 27, 2015
Attorney Fees against Indigent Defendant Vacated by Attorney Fees against Indigent Defendant Vacated On July 23, 2014, the Oregon Court of Appeals vacated an order imposing $400 in attorney fees against a mentally ill, homeless criminal defendant who faced deportation due to his inability to pay. Oregon law authorizes trial …
Article • October 26, 2015 • from PLN November, 2015
Prisoner’s Right to Counsel Violated by Eavesdropping on Attorney Phone Calls by Christopher Zoukis Prisoner’s Right to Counsel Violated by Eavesdropping on Attorney Phone Calls by Christopher Zoukis Charges against a Washington man awaiting trial on felony drug and stolen property charges were dropped by a Yakima County Superior Court …
Article • October 19, 2015
CDCR Violates State Law by Outsourcing Prisoner Lawsuits to Private Attorneys by Joe Watson CDCR Violates State Law by Outsourcing Prisoner Lawsuits to Private Attorneys by Joe Watson The California Department of Corrections and Rehabilitation (CDCR) has again lost a fight with the State Attorneys' Union over outsourcing prison litigation …
Article • October 15, 2015
Missouri Flag Desecration Statute Held Facially Unconstitutional, Attorney’s Fees Properly Assessed by Missouri Flag Desecration Statute Held Facially Unconstitutional, Attorney’s Fees Properly Assessed The U.S. Court of Appeals for the Eighth Circuit has affirmed a district court’s holding that a Missouri flag desecration statute was facially unconstitutional and has held …
Article • October 15, 2015
No Risk of Self-Representation Colloquy Invalidates Oregon Conviction by No Risk of Self-Representation Colloquy Invalidates Oregon Conviction On July 23, 2014, the Oregon Court of Appeals reversed an Oregon woman’s convictions, finding that she did not understand the risks of self-representation. Christina Todd was charged with twelve prostitution-related offenses. By …
Article • October 13, 2015
Prosecutor PowerPoint: “Silence = Guilt” Vacates Oregon Murder Conviction by Prosecutor PowerPoint: “Silence = Guilt” Vacates Oregon Murder Conviction On October 15, 2014, the Oregon Court of Appeals vacated a murder conviction, holding that a prosecutor’s PowerPoint presentation impermissibly commented on a Defendant’s invocation of his right to remain silent. …
Article • October 6, 2015
Minnesota Attorney Fee Awarded Upheld by Minnesota Attorney Fee Awarded Upheld On September 24, 2012, a district court granted a motion to suppress a gun, filed by Artiase Dvon Williams. The state appealed the order. The court of appeals reversed. Williams’ attorney filed a motion for attorney fees, requesting $120.00 …
Article • September 29, 2015
Indiana Supreme Court Upholds Private Party Fees in APRA Case by Indiana Supreme Court Upholds Private Party Fees in APRA Case In July 2012, the Supreme Court of Indiana affirmed the trial court’s apportionment of attorney’s fees awarded to the plaintiff, International Union of Painters and Allied Trades (Union). The …
Article • September 29, 2015
Filed under: Attorney Fee Awards
California: Trial Court May Serve as Fact Finder in Post Settlement Motion for Attorneys’ Fees by California: Trial Court May Serve as Fact Finder in Post Settlement Motion for Attorneys’ Fees In May 2013, the California Court of Appeal held that parties to a settlement agreement may validly reserve, for …
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