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Brief • December 3, 2013
Thankachan v. Peekskill Housing Authority, NY, Plf Reply Brief in Res to HUD Opp to Plf Mot for Supp Atty Fees, attorney fees, 2013
Article • November 15, 2013 • from PLN November, 2013
Attorney Fees Not Exempt from Disclosure Under California Public Records Act by The California Court of Appeal held on November 16, 2012 that billing and payment records reflecting the amount of money a government agency paid in attorney fees to defend against a pending civil rights action were not exempt …
Article • September 15, 2013 • from PLN September, 2013
First Circuit: Rejection of Settlement Offer Does Not Justify Defendants’ Attorney Fee Award by On September 7, 2012, the First Circuit Court of Appeals vacated a $59,787.50 attorney fee award to the defendants in a 42 U.S.C. § 1983 complaint, finding that the plaintiffs’ rejection of a settlement offer did …
Article • August 15, 2013
Attorney’s Fees Not Automatic Under Florida Rule 1.380 by Florida’s Fourth District Court of Appeals has held that a defendant is not entitled to attorney’s fees for a plaintiff’s refusal to admit the central issue of fact in a civil case. Before the Court was the appeal of Walter Shaw …
Article • August 15, 2013
9th Circuit Remands Case to District Court to Explain Its Order Reducing Prevailing Party’s Fee Request by In February, 2013, the Ninth Circuit vacated a district court’s award of costs and attorney’s fees to a prevailing § 1983 litigant because the district court failed to explain how it arrived at …
Article • May 15, 2013
$95,664 in Attorneys’ Fees Awarded in Texas Public Records Suit by On October 12, 2011, District Judge Caroline Baker ruled that under Texas Government Code §552.323(a) City of Houston was to pay Randall Kallinen and Paul Kubosh for their attorney's fees. Public safety activists Kallinen and Kubosh filed a lawsuit …
Article • May 15, 2013
Additional Attorney's Fees Allowed in Ohio Voter-Registration Suit by Derek Gilna The Northeast Ohio Coalition for the Homeless (NEOCH) instituted a 42 U.S.C. Section 1983 case challenging the 2006 Voter ID law, which resulted in consent orders in 2006 and 2008. A similar action by the Service Employees International Union …
Ohio Appellant Wins Mandamus Order Disclosing Attorney Fees Statements by Derek Gilna Appellant Jean A. Anderson won an appeal of a judgment denying her copies of certain itemized billing statements for attorneys service rendered to Vermillion, Ohio, overturning a lower-court decision that had sided with the city’s argument that the …
Gartrell v. Federal Bureau of Prisons, PA, Settlement Agreement - Releasing RFRA and Equal Protection Claims - Prayer Accommodations (2013) AGREEMENT FOR COMPROMISE, SETTLEMENT AND RELEASE OF RELIGIOUS FREEDOM RESTORATION ACT AND EQUAL PROTECTION CLAIMS It is hereby agreed by and between Plaintiff, ISADORE GARTRELL, and Defendant, Federal Bureau of …
Article • April 15, 2013
7th Circuit: Reasonable Attorney Fees Not Properly Reduced Due to Existence of Contingent Fee Agreement by After successfully representing Danielle Pickett in a Title VII retaliation suit against her employer, Sheridan Health Care Center, Ernest T. Rossiello & Associates, P.C. sought to recover reasonable attorney fees, pursuant to 42 U.S.C. …
Article • April 15, 2013
Idaho Supreme Court Reverses Attorney Fee Case by The Supreme Court of Idaho reversed and remanded an Idaho Sixth Judicial District Court’s order denying attorney fees for the Plaintiffs after prevailing at trial. The issue under scrutiny at the Supreme Court level was the interpretation of Idaho Statute IC § …
Article • April 15, 2013
Tenth Circuit Reverses $8,000 Awarded for Attorney's Fee as Too Arbitrary by The Tenth Circuit reversed $8,000 awarded for attorney's fees. Michael Zinna used websites JeffcoExposed.Com and ColoradoExposed.Com to report on local government issues and provided a public service by encouraging transparency and accountability in Jefferson County government. He exposed …
Article • April 15, 2013
DC District Court Denies Motion to Compel Production Request on Fees by Derek Gilna On December 18, 2007 the United States District Court for the District of Columbia has refused a request by the District of Columbia and others, in a consolidated civil action brought before it, to compel production …
Article • March 15, 2013
Fifth Circuit Upholds Blanket Strip Search Prohibition in Texas Jails by On September 22, 2010, the Fifth Circuit Court of Appeals held that employees of the Wood County, Texas sheriff’s department had violated Chandra Rae Jimenez’s Fourth Amendment rights when they strip searched her at the county jail in 2005 …
Second Circuit Reverses Summary Judgment for Non-Treatment of Prisoner’s HCV by On March 9, 2012, the Second Circuit Court of Appeals reversed the dismissal of a New York prisoner’s claims related to denial of hepatitis C (HCV) treatment. The Second Circuit also determined that the district court had misinterpreted a …
Dismissal for Inability to Pay Monetary Sanctions Reversed by The Seventh Circuit Court of Appeals reversed the dismissal for failure to pay a $9,055.14 attorney fee sanction against an indigent Plaintiff. Bruce A. Williams brought federal suit against four Illinois police officers for false arrest and excessive force. He alleged …
Idaho Supreme Court Affirms Firing of PHS Medical Director by The Idaho Supreme Court has upheld a lower court’s dismissal of a prison doctor’s challenge to his job termination, stemming from his abusive treatment of a prisoner. Dr. John F. Noak was the medical director for Prison Health Services (PHS), …
Brief • January 14, 2013
Hiken v. DoD, CA, R&R Reducing Atty Fees, FOIA Case for Journalist Shot by U.S. Troops, 2013 Case4:06-cv-02812-YGR Document139 Filed01/14/13 Page1 of 12 1 2 3 United States District Court Northern District of California 4 5 6 7 MARGUERITE HIKEN, et al., Plaintiffs, 8 v. 9 10 DEPARTMENT OF DEFENSE, …
Article • November 15, 2012 • from PLN November, 2012
Prisoner’s Coma-Inducing Latex Allergy Triggers Lawsuit, Burning Questions by Alan Prendergast A prisoner’s lawsuit against the Colorado Department of Corrections, claiming a latex allergy so severe that he’s suffered burns and respiratory problems when touched by glove-wearing guards, appeared to have been resolved in August 2012 when DOC officials testified …
Article • October 15, 2012 • from PLN October, 2012
Ninth Circuit Holds CAFRA Attorney Fees Should be Paid to Claimant, not Attorney by In a case brought under the Civil Asset Forfeiture Reform Act (CAFRA), the Ninth Circuit Court of Appeals held on April 26, 2011 that “attorneys fees awarded under CAFRA are payable to the claimant, not the …
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