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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
Attorney Admonished for Improper Advertising by Brandon Sample By Brandon Sample On December 26, 2006, the Florida Bar admonished an attorney for sending improper advertisements to prisoners. David Milo Lamos, a Florida attorney, sent a direct mail advertisement to prisoners. The advertisement contained statements creating “unjustified expectations,” was not marked …
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 …
Article • September 15, 2011
Ninth Circuit Faults Mootness Dismissal, Denial of Counsel by The ninth Circuit Court of Appeals vacated the mootness dismissal of an Idaho prisoner’s conditions of confinement suit. The court also found that it was an abuse of discretion to dismiss without ruling on the prisoner’s request for appointment of counsel. …
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 …
Article • August 15, 2011 • from PLN August, 2011
Louisiana Attorney Permanently Disbarred but Not Criminally Charged for Pimping Child to Jail Prisoners by David Reutter by David M. Reutter An attorney’s failure to respect the authority of the Louisiana Supreme Court, “as well as his use of his position as an attorney to obtain sexual gratification at the …
Article • August 15, 2011
Texas Prisoner Not Entitled to Counsel until Adversarial Proceedings Are Commenced by Walter Rothgery, a Texas state prisoner, was arrested as a felon in possession of a firearm based on a background check which showed a felony conviction in California. He was taken before a magistrate the next morning, who …
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. …
Brief • August 10, 2011
California v. Niroula, CA, Def Mot for Order protecting attorney-client calls, sheriff illegal telephone monitoring, 2011 Kaushal Niroula Defendant In Pro Per Booking # 200910575 Indio Jail P.O. Box 1748 INDIO, CA 92201 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF RIVERSIDE (INDIO BRANCH) ______________________________________________ THE PEOPLE OF THE …
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
Texas Court of Appeals: No Law Library Access Right for Prisoner Who Waives Appointed Counsel by Matthew Clarke Texas Court of Appeals: No Law Library Access Right for Prisoner Who Waives Appointed Counsel By Matt Clarke On April 30, 2008, a Texas court of appeals ruled that a prisoner who …
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 …
California Federal Court Refuses to Dissolve Most of Orantes Injunction by Matthew Clarke By Matt Clarke On July 23, 2007, a federal district court in California issued an opinion declining to dissolve the injunction issued in Orantes-Hernandez v. Meese, 685 F.Supp. 1488 (C.D.CA 1988), 919 F.2d 549 (9th Cir. 1990), …
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 …
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