Senator Solicits Input On Indian Trust Settlement

WASHINGTON, D.C. – (AP) The vice chairman of the Senate Indian Affairs Committee said Tuesday he is concerned about the fairness of a proposed $3.4 billion settlement against the government for mismanaging Indian trust funds and is suggesting some revisions. U.S. Sen. John Barrasso said he thinks...

Mississippi Judge Upholds $10 Million Attorneys’ Fees

JACKSON, Miss. – (AP) A Mississippi judge has upheld $10 million in fees paid to lawyers for handling a state lawsuit against computer software manufacturer Microsoft. Hinds County Chancellor Denise Owens on Wednesday dismissed the challenge filed by State Auditor Stacy Pickering. Pickering says...

High Court: Fee Awards Subject To Offset To Satisfy Debt Owed U.S. Government

WASHINGTON, D.C. - (Mealey's) A unanimous U.S. Supreme Court on June 14 reversed an Eighth Circuit U.S. Court of Appeals ruling and held that an attorney fees award is payable to the litigant; therefore, it is subject to an offset to satisfy the litigant's pre-existing obligation when a debt...

Shareholder Challenges Attorney Fees In Tyco Settlement

DOVER, Del. - (AP) An investor in Tyco International says attorneys who represented shareholders in a securities lawsuit cheated them out of more than $200 million. The federal lawsuit in Delaware targets Grant & Eisenhofer, one of three law firms that won a $3.2 billion settlement for Tyco shareholders...

ClearOne's Attorney Fees For CEO Undecided

DENVER - (AP) An appellate court ruled that ClearOne Communications Inc.'s agreement to pay attorneys fees for its former CEO came with conditions, including that she not break the law. The 10th U.S. Circuit Court of Appeals in Denver overturned a Utah judge's preliminary injunction that required...

Heart Device Maker ELA Medical Pays $9.1M To Settle Kickback Allegations

MIAMI -- Heart device maker ELA Medical Inc. will pay $9,178,000 to settle a False Claims Act lawsuit alleging that it paid kickbacks through a distributor to doctors to induce them to use the company's products, according to a settlement filed Nov. 1 in a Florida federal court ( United States of...

High Court Says County Doesn’t Have To Pay For Mistake

WASHINGTON, D.C. - (AP) The Supreme Court says Los Angeles County does not have to pay attorney fees to a couple listed as child abusers even though they were declared innocent years ago. The high court's unanimous ruling came on Tuesday. Craig and Wendy Humphries were arrested by sheriff's deputies...

Judge OKs $70M DuPont Waste Pile Settlement In West Virginia

CHARLESTON, W.Va. - (AP) Chemical maker DuPont Co. will pay $70 million and fund long-term medical monitoring for residents of a West Virginia town who sued over pollution from a zinc smelter and its 100-foot-tall pile of waste. A state judge approved the settlement Tuesday that ends years of court battles...

Panel Hears Plan To Cap Attorney Fees In $3.4 Billion Settlement

(AP) Attorneys in the government's $3.4 billion settlement with American Indians over mismanaged royalties are "stonewalling" a congressional panel as they ask a judge to more than double their fees in the case, the committee's chairman said Tuesday. Rep. Don Young, R-Alaska, is co...

Litigation Funding Arrangements And The 'Loser Pays' Model

Among the reasons frequently cited for the higher incidence of litigation in the United States compared to the rest of the world is the acceptability of contingent fees for plaintiffs' counsel and general rules that each party to a lawsuit in the U.S. bears its own costs. Many other countries have...

MGA Wants $177 Million In Punitive Damages In Bratz Doll Case

SANTA ANA, Calif. - (AP) Toy company MGA Entertainment Inc. asked a judge Wednesday to follow up their win over arch-rival Mattel Inc. last month in a trial over who owns the rights to the popular Bratz doll line by awarding MGA more than $339 million in punitive damages, attorney fees and other costs...

Procter & Gamble To Settle Pampers Diaper Rash Lawsuit

CINCINNATI - (AP) Consumer products maker Procter & Gamble says it has agreed to settle a lawsuit by parents who claimed a new version of Pampers diapers caused skin rashes and other problems for their babies. P&G will pay the parents' attorney fees, estimated at $2.7 million, and give each...

Plaintiff Class Action Lawyers May Be Inclined To Avoid Delaware Courts

David Marcus writing for The Deal , adds to the growing commentary suggesting that plaintiffs' lawyers who file class actions, especially those challenging mergers, will be inclined to increasingly avoid Delaware Courts if the Court continues to impose more stringent prerequisites for awarding attorneys'...

2011 Fulbright Litigation Trends Survey: A Little Less Litigation; More Regulation

Businesses in the United States and United Kingdom initiated and faced slightly less litigation in 2011 than in 2010. But regulatory actions and internal investigations are climbing, according to the 2011 Fulbright Litigation Trends Survey . More than one-third of corporate counsel report there...

Effort On To Limit 'Public Interest' Proposition 65 Settlement Releases In California

California's Proposition 65 ( Sections 25249.5 et seq Health & Safety Code ) is an unusual regulatory scheme. Lawsuits may be filed by private individuals. Plaintiffs are not required to have standing. The law only addresses a warning requirement; it does not itself prevent or constrain the presence...

North Carolina Appeals Court Rules In Law Firms' Fight Over Contingent Fees

There's invariably a fight between lawyers over the division of a fee when a lawyer who left the firm generates a fee at his new firm from a preexisting contingent fee relationship. There's at least one case of that type in the Business Court ( Mitchell, Brewer, Richards, Adams, Burge & Boughman...

Delaware Supreme Court Upholds Attorney Fees For Non-Monetary Benefit

EMAK Worldwide, Inc. v. Kurz, No. 512, 2011 (Del. April 17, 2012) [ enhanced version available to lexis.com subscribers ]. Several prior decisions in this matter by both the Delaware Supreme Court, and the Court of Chancery are highlighted and linked in a previous post. Issue Addressed Whether...

Defending Employment Discrimination Cases Resembles A Snipe Hunt

My summer reading list includes Joel Stein's Man Made: A Stupid Quest for Masculinity . The book recounts the self-proclaimed effete Stein's journey to become more masculine in the wake of the birth of his son. In one chapter, Stein spends a weekend with a boy scout troop to learn how to camp...

When Law Firm Revenue Morphs into an Expense It's Not Pretty

It's a wonder of nature. After spending week after week eating every green leafy vegetable in sight, a caterpillar forms itself into a chrysalis. Through the miracle of metamorphosis it emerges as a butterfly, just as delicate as it is beautiful. And, if lucky enough to stay away from your windshield...

Capital One To Pay $10 Million To Settle APR Class Action

LOS ANGELES - (Mealey's) Capital One Bank NA USA has agreed to pay $10 million to resolve claims that it promoted its credit card services as offering low fixed annual percentage rates and then later abruptly increased them, according to a document the lead plaintiff in a class action filed in a...

CJAC Special Update: CA Supreme Court Rules Defendants Who Win ADA Lawsuits Can Receive Attorney's Fees

By Kim Stone President, Civil Justice Association of California I wanted to alert you to a major California Supreme Court ruling that was issued [Dec. 17] in which the Court found that plaintiffs who lose disabled access lawsuits are liable for the defendant's attorney's fees....

Supreme Court Questions When Untimely Vaccine Claimants Can Get Attorney Fees

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 19 questioned the federal government about whether a petitioner who made an untimely claim made to the National Vaccine Injury Compensation Program is eligible for attorney fees and costs ( Kathleen Sebelius, et al. v. Melissa Cloer ,...

U.S. Supreme Court OKs Attorney Fees In Untimely, Good Faith Vaccine Cases

WASHINGTON, D.C. - (Mealey's) A federal vaccine compensation petitioner who filed an untimely claim may qualify for attorney fees if her claim was filed in good faith and there was a reasonable basis for it, the U.S. Supreme Court ruled May 20 ( Kathleen Sebelius, et al. v. Melissa Cloer , No. 12...

Ballard Spahr LLP: Maryland Defendants Can Recover Attorneys' Fees Paid By Insurance Company

By Robert A. Scott Litigants that have been forced to defend groundless litigation are entitled to recover their attorneys' fees even if those costs were paid by an insurance company, Maryland's highest court has ruled. In Worsham v. Greenfield [ enhanced opinion available to lexis.com...

When EDI is Accessible and Proportionally Affordable, Plan to Produce

In case you were in doubt, being asked to provide “easily accessible” digital records of thousands of paper documents you already produced may not be considered unreasonably cumulative, duplicative or burdensome, and if the related costs are something like .025% of the amount in controversy...