LexisNexis® Legal Newsroom
Prevailing Employer in Wage Case Can Only Recover Attorneys’ Fees if Claim Was Brought in Bad Faith

Employers may recall recent publicity in California over the extent to which an employer may recover its attorneys’ fees after prevailing in a wage and hour action. This is because Labor Code section 218.5 on its face provides that the prevailing party in any action brought for nonpayment of wages...

Court Upholds Large Judgment Against EEOC For Bringing Frivolous Lawsuit

The U.S. Court of Appeals for the Sixth Circuit in EEOC v. Peoplemark , 732 F.3d 584, No. 11-2582 (2013) recently affirmed a judgment against the U.S. Equal Employment Opportunity Commission in the sum of $751,942 for attorney fees and costs sought by Peoplemark, which claimed that EEOC’s action...

Trustee’s and Lawyers’ Fees Top $800 Million in Madoff Case – So Far

The outsized breadth and scope of the Madoff Ponzi scheme has required an outsized effort to investigate it and to respond to it, and that has required attorneys – a lot of them, spending a lot of time, over the past five years. The law firm of Baker & Hostetler LLP is primary counsel to...

Ninth Circuit Approves $700,000 Attorney Fee Award In FEHA Case Even Though Jury Awarded Plaintiff Damages of Only $27,000

Last week, the Ninth Circuit issued its decision in Muniz v. UPS , holding that the trial court did not abuse its discretion in awarding the plaintiff close to $700,000 in attorneys' fees, even though the plaintiff's damages recovery was only $27,000 and the defendant defeated the majority of...

EAJA Fee Victory in FOIA Lawsuit

Michelle N. Mendez, Senior Attorney, Catholic Charities Archdiocese of Washington, Immigration Legal Services writes: "Immigration Legal Services of Catholic Charities of Washington is pleased to announce that it received $20,000 in attorney fees, in settlement of a Freedom of Information Act (FOIA...

US Supreme Court Rules That Fund’s Appeal of Merits Ruling Is Untimely

WASHINGTON, D.C. — (Mealey’s) A unanimous U.S. Supreme Court today ruled that a federal district court’s decision on the merits that left unresolved a multiemployer pension fund’s request for contractual attorney fees is a final decision subject to immediate appeal under 28 U...

‘Exceptional’ Standard in Patent Cases Debated at Supreme Court

WASHINGTON, D.C. — (Mealey’s) The Federal Circuit U.S. Court of Appeals’ exceptionality test for an award of attorney fees, whereby a prevailing party must demonstrate objective baselessness and subjective bad faith, is “extreme,” an attorney told the U.S. Supreme Court...

Standard of Review For Objective Reasonableness Argued at Supreme Court

WASHINGTON, D.C. — (Mealey’s) The question of whether review of an award of attorney fees is entitled to deference is now before the U.S. Supreme Court, following Feb. 26 oral arguments in a dispute over a patented method for reviewing health care claims ( Highmark Inc. v. Allcare Health...

U.S. High Court Reverses; Assets Cannot Be Used to Pay Bankruptcy Trustee’s Attorney Fees

WASHINGTON, D.C. — (Mealey’s) In a unanimous decision, the U.S. Supreme Court today reversed a Ninth Circuit U.S. Court of Appeals ruling and held that a bankruptcy court exceeded the limits of its authority when it ruled that $75,000 that was protected under the homestead exemption in a...

California Workers' Comp Case Roundup (4/5/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 3 March 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

California Workers' Comp Case Roundup (5/4/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 4 April 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

California: WCAB Applies Neri Hernandez to Home Health Care Services Cases

The WCAB has issued two noteworthy panel decisions involving home health care services in light of Neri Hernandez (en banc). In each of these decisions, which involved critically injured workers, the WCAB has signaled in very strong terms that it will not tolerate a defendant's bad-faith or frivolous...

Deposition Procedures Not Required for Vocational Expert Interviews: Cal. Comp. Cases September Advanced Postings (8/29/2014)

Here’s the first batch of advanced postings for September 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. James Fetner, Petitioner v. Workers'...

California Workers' Comp Case Roundup (11/1/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 10 October 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

California: Top 25 Noteworthy Panel Decisions (July–December 2014)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2014. You’ll find many helpful cases in this list, including a recent decision on reasonable attorney’s fees ,...

LHWCA Attorney Fee Shifting After Lincoln v. Director, OWCP (Everywhere but the 9th Circuit)

By Monica Fekete Markovich and Alexandra Wood, Brown Sims, P.C., Houston, Texas At the outset of a Longshore and Harbor Workers’ Compensation Act (“LHWCA,” 33 U.S.C.S. § 901 et seq .) claim, only the claimant may bear any responsibility for the payment of his attorney’s...

Tackling the Elephant in the Room: Exclusive Remedy

How I spent my time at the National Workers’ Compensation & Disability Conference discussing the exclusive remedy doctrine By Deborah G. Kohl, Esq. As all workers’ compensation practitioners know exclusive remedy is the linchpin of the “great social bargain” underlying...

Injured Worker Deported From U.S. Could Testify Via Skype: Cal. Comp. Cases May/June Advanced Postings (5/27/2015)

Here are the fifth batch of advanced postings for the May 2015 issue and the first batch of advanced postings for the June 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...

USCIS Agrees To Pay NY Atty $47K In Fees To End FOIA Fight

Law360, May 29, 2015 - "U.S. Citizenship and Immigration Services has agreed to pay a New York immigration attorney more than $47,000 in attorneys' fees , ending a yearslong fight over Freedom of Information Act requests, according to a court order made available Thursday. U.S. Magistrate...

Florida Workers’ Compensation: The Great Wait

All eyes are on Florida and the key challenges to its workers’ comp laws, including whether the “Grand Bargain” exists One year ago when the Foreword to the 2014 Edition of Dubreuil’s Florida Workers’ Compensation Handbook (LexisNexis) was prepared we noted two significant...

McNees, Wallace& Nurick: Husband Permitted To Seek Attorney's Fees Against Wife For Her Failure To Comply With Prenuptial Agreement

By Anthony Hoover In the 2015 Pennsylvania Superior Court Non-precedential Decision, De Boer v. Pott, the Court confirmed husband's right to seek attorney's fees against wife due to wife's failure to comply with the parties' prenuptial agreement[ enhanced opinion available to lexis...

Missouri: Commission Caps Fees in an Undisputed Death Case

The Commission capped attorney’s fees on a death case and found a contract for a 25% contingency fee was not fair and reasonable. Bynum, dec. v Bynum et al, 2016 MO WCLR Lexis 29 (May 3 2016) (Lexis Advance), 2016 MO WCLR Lexis 29 (May 3 2016) (lexis.com) involved a claimant who had a severe...

Tennessee: Insurer Gets Stung for $27,000 in Attorney’s Fees In $187 Utilization Review Dispute

A workers’ compensation insurer for a Tennessee employer, who sought utilization review regarding two trigger point injections, totaling $187, to treat an injured worker’s back pain and who stood its ground when the UR provider opined that the injections were medically unnecessary, has been...

Idaho: Award of Attorney’s Fees Was Erroneous Where Claimant Was Not Entitled to Compensation Benefits

The Supreme Court of Idaho, in a split decision, held that in order to award attorney’s fees under the third instance of Idaho Code Ann. § 72–804, the Industrial Commission must determine that an employer or surety, without reasonable grounds, discontinued payment of compensation that...

Florida: JCC May Not Reduce Jointly Agreed Upon Attorney’s Fee

In what appears to be Florida’s never-ending battle over attorney’s fees within the workers’ compensation system, a state appellate court reversed a portion of a Judge of Compensation Claims that reduced the agreed upon amount of the Employer/Carrier-paid attorney’s fee and had...