Litigation

Recent Posts

When Law Firm Revenue Morphs into an Expense It's Not Pretty
Posted on 11 Sep 2012 by LexisNexis Litigation Resource Community Staff

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.... Read More

When EDI is Accessible and Proportionally Affordable, Plan to Produce
Posted on 2 Dec 2013 by LexisNexis Litigation Solutions

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... Read More

Ballard Spahr LLP: Maryland Defendants Can Recover Attorneys' Fees Paid By Insurance Company
Posted on 27 Nov 2013 by Ballard Spahr LLP

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... Read More

Supreme Court To Decide If Bankruptcy Lawyers Can Get Fees For Pursuing Bonus Fees
Posted on 3 Oct 2014 by Emerson Heffner

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Oct. 2 agreed to decide whether the U.S. Bankruptcy Code gives bankruptcy courts discretion to award lawyers their fees for successfully defending applications for enhanced attorney fees... Read More

Payment Of Attorneys For Defending Fee Requests Debated In Supreme Court
Posted on 25 Feb 2015 by Emerson Heffner

WASHINGTON, D.C. — (Mealey’s) There is no basis in the law for categorically denying payment to lawyers for successfully defending their fee applications in bankruptcy cases, attorney Aaron M. Streett of Texas law firm Baker Botts LLP told... Read More

U.S. Supreme Court OKs Attorney Fees In Untimely, Good Faith Vaccine Cases
Posted on 20 May 2013 by Tom Moylan

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... Read More

North Carolina Appeals Court Rules In Law Firms' Fight Over Contingent Fees
Posted on 27 Apr 2012 by Mack Sperling

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... Read More

Norton Rose Fulbright: No More Rubber Stamps: Courts Critical Of Class Action Settlements
Posted on 31 Oct 2014 by Norton Rose Fulbright

By Lauren Shoor A number of recent cases show courts taking a more active role in approving class action settlements, more closely scrutinizing settlements meant to benefit class members. Just last month in Redman v. RadioShack Corporation [ enhanced... Read More

Defending Employment Discrimination Cases Resembles A Snipe Hunt
Posted on 23 Jul 2012 by Jon Hyman

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... Read More

CJAC Special Update: CA Supreme Court Rules Defendants Who Win ADA Lawsuits Can Receive Attorney's Fees
Posted on 21 Dec 2012 by LexisNexis Litigation Resource Community Staff

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... Read More

Plaintiff Class Action Lawyers May Be Inclined To Avoid Delaware Courts
Posted on 9 Sep 2011 by Francis G.X. Pileggi

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... Read More

Supreme Court Questions When Untimely Vaccine Claimants Can Get Attorney Fees
Posted on 19 Mar 2013 by Tom Moylan

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... Read More

Heart Device Maker ELA Medical Pays $9.1M To Settle Kickback Allegations
Posted on 2 Nov 2010 by Tom Moylan

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... Read More

Effort On To Limit 'Public Interest' Proposition 65 Settlement Releases In California
Posted on 10 Feb 2012 by Thomas H. Clarke, Jr.

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;... Read More