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Delaware Court of Chancery Awards Fees Based on “Gross Value of Settlement”

In re Jefferies Group, Inc. Shareholders Litigation , Cons. C.A. No. 8059-CB (Del. Ch. June 5, 2015) [ an enhanced version of this opinion is available to lexis.com subscribers ]. This Delaware Court of Chancery letter ruling describes the standards that apply to a request for attorneys’ fees...

Baker Botts v. Asarco: The Supreme Court Shows Again That It Really Doesn’t Understand Corporate Bankruptcy Cases

by Ben Feder The Supreme Court has not handled its recent major bankruptcy decisions well. The jurisdictional confusion engendered by its 2011 decision in Stern v. Marshall was only partially clarified by this term’s opinion in Wellness International Network v. Sharif . The Court’s ruling...

Supreme Court Says Lawyers Don't Get Paid for Defending Their Fees

A Texas law firm did a great job and beat back a punitive attack on their fees. However, the Supreme Court has ruled that they may not receive compensation for defending their work. Baker Botts, LLP v. ASARCO, LLC , No. 14-103, 2015 U.S. LEXIS 3920 (6/15/15) [subscribers can access an enhanced version...

When You Wish Upon a (Lode)Star: NC Business Court Cuts Fees Requested by Attorneys for Class Plaintiffs

The Business Court last week knocked down a fee request of Plaintiffs' class action counsel to $500,000, from the $660,000 requested, in an Order in Nakatsukasa v. Furiex Pharmaceuticals, Inc. , 2015 NCBC 68 [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]...

S.D.N.Y Denies Attorneys’ Fees and Costs Despite Summary Judgment Win on Invalidity and Non-Infringement

by Lewis V. Popovski , Abhishek Bapna , and Vivian Cheng District Judge P. Kevin Castel denied defendants Acco Brands Corp.’s and Staples, Inc.’s motion for attorneys’ fees and costs under 35 U.S.C. § 285, and granted in part their motion for an order requiring plaintiff to...

Cal. Supreme Court: Insurer May Seek to Recover Directly From Independent Counsel Allegedly Excessive or Unreasonable Fees

On August 10, 2015, in an opinion that has already garnered a great deal of attention and commentary, the California Supreme Court ruled that an insurer that funded the payment for its insured of independent counsel (or “Cumis” counsel as independent counsel are known in California) in defense...

After Woerner, Courts Look for "Good Gambles"

You've got to know when to hold 'em Know when to fold 'em Know when to walk away And know when to run --Kenny Rogers, The Gambler After the Fifth Circuit’s opinion in Barron & Newburger, P.C. v. Texas Skyline Ltd. (Matter of Woerner) , 783 F.3d 286 (5 th Cir. 2015), lawyers for...

Delaware Court of Chancery to Be Less Likely to Approve Fees in Disclosure Only Cases

In re Riverbed Technology, Inc., Stockholders Litigation , Cons. C.A. No. 10484-VCG (Del. Ch. Sept. 17, 2015) [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]. This Delaware Court of Chancery opinion is noteworthy because it provides notice to corporate litigators...

NC Court of Appeals Affirms Business Court Award of $1 Million in Fees to Class Counsel

It seems like forever ago that the then venerable North Carolina institution, Wachovia Bank, failed and was acquired by Wells Fargo. (This was actually seven years ago). But just last week came what might be the final closure in the battle by the lawyers representing the class which challenged that acquisition...

Settlement Not Binding When CMS Never Approved Medicare Set-Aside: Cal. Comp. Cases October Advanced Postings (9/24/2015)

Here’s the latest batch of advanced postings for the October 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Calvin Collins, Petitioner v...

U.S. EPA Ordered to Pay Attorneys' Fee Sanction In Clean Water Act Lawsuit

A federal district court judge in Texas has granted a developer’s motion for summary judgment against the United States, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], and ordered the Government to reimburse the developer’s legal fees incurred in...

California Court Considers Reimbursement of Legal Fees Under D&O Policy

In its recent decision in Clark v. Travelers Cas. Ins. Co. of America, 2015 U.S. Dist. LEXIS 114877 {subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ] (C.D. Cal.), the United States District Court for the Central District of California had occasion to consider when...

A Win For Insurers: Nevada Supreme Court Adopts “Cumis” Rule

Tapas: Small Dishes of Insurance Coverage News & Notes Answering a Certified Question from a Nevada District Court, the Supreme Court of Nevada held as follows in State Farm v. Hansen, No. 64484 (Nev. Sept. 24, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis...

Mississippi Court Holds Defense Costs Outside of Limits

In its recent decision in Federal Ins. Co. v. Singing River Health System , 2015 U.S. Dist. LEXIS 134814 (S.D. Miss. October 2, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the United States District Court for the Southern District of Mississippi issued...

Nevada Adopts Cumis Independent Counsel Rule; Holds Reservation of Rights Is Not a Per Se Conflict

The Nevada Supreme Court has adopted the "Cumis" independent counsel doctrine first adopted in California more than 30 years ago. In State Farm Mut. Auto. Ins. Co. v. Hansen , 131 Nev. Adv. Op. 74 (9/24/2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance...

ConsensusDOCS Updates its Forms

As reported recently in ENR Magazine , among other publications, the ConsensusDOCS folks have updated their contract forms. Why is this news? First of all, it’s only been around three and a half years since these documents were officially released and this release is about 18 months sooner than...

Breach the Duty to Defend: Court Has Sobering Words for Insurers on the Rates to Be Paid to the Insured’s Counsel: “Reasonableness Inquiry Is Inappropriate”

The rates to be paid to the insured’s personal counsel is often-times an issue where there is not a lot of common ground between insurers and insureds. The issue arises in a few of different contexts: an insurer is obligated to defend an insured using independent counsel; an insurer is found to...

Texas Workers’ Compensation Update: 2015 and the Year Ahead

By Stuart D. Colburn, Esq., and Albert Betts, Jr., Esq., Co-Authors, Texas Workers’ Compensation Law This year marks an anniversary that will not be celebrated with a parade or even a mention on the local news. But it is significant to those who are a part of the Texas workers’ compensation...

Vermont Workers' Compensation Update: October to December 2015

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Julie Charanko long term WC Specialist II has retired, but she is not going far as she is going to continue her work at the Department as a “temp” for the...

WCAB Bars Applicant’s Psychiatric Injury Caused by Disciplinary Action: Cal. Comp. Cases January Advanced Postings (1/13/2016)

Here’s another batch of advanced postings for the January 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. Dennis Stolp, Petitioner v. Workers'...

Florida: Supreme Court Strikes Down Mandatory Attorney Fee Schedule for Claimants

The Supreme Court of Florida, in a split decision, held that the mandatory attorney fee schedule contained in § 440.34, Fla. Stat., which precludes any consideration of whether the fee award is reasonable to compensate the attorney, is unconstitutional under both the Florida and the United States...

News Excerpts From the May 15, 2016, Bender’s Immigration Bulletin

USCIS Finishes Data Entry for Cap-Subject H-1B FY17 Applications | USCIS announced on May 2 that it has finished data entry for cap-subject H-1B petitions. It will begin returning those not chosen in the lottery. Some petitions are being transferred from the Vermont Service Center to the California...

Utah: High Court Says Labor Commission’s Fee Schedule I Unconstitutional

The Supreme Court of Utah held (a) that the statute delegating authority to the Labor Commission to regulate fees for attorneys representing claimants [Utah Code § 34A–1–309] and (b) the sliding-scale fee schedule (and cap on fees) crafted by the Commission and contained in Utah Admin...