LexisNexis® Legal Newsroom
MO: Court Sanctions Employer For Seeking Injunctive Relief From Temporary Award

The western court of appeals recently sanctioned an employer $81,609 in attorney’s fees for making a constitutional challenge that it had a right to appeal a temporary award, contrary to a state rule and unfavorable precedent. The case is Motor Control Specialties, Inc. And the Ohio Casualty Ins...

The Ninth Circuit reads very narrowly the circumstances under which attorney's fees will not be awarded to a prevailing party in CWA litigation

The Resurrection Bay Conservation Alliance sued the City of Seward, Alaska, for violation of the CWA in discharging pollutants without an NPDES permit from both the small boat harbor and the industrial park. About 9 months later, both parties filed MSJ; the District Court granted plaintiff's motion...

9th Circuit Narrows Circumstances Under Which Attorney Fees Won’t Be Awarded In CWA Litigation

The Resurrection Bay Conservation Alliance sued the City of Seward, Alaska, for violation of the CWA in discharging pollutants without an NPDES permit from both the small boat harbor and the industrial park. About 9 months later, both parties filed MSJ; the District Court granted plaintiff's motion...

Dionne v. Floormasters Enters., 2011 U.S. App. LEXIS 15560 (July 28, 2011)

LexisNexis Overview: District court did not abuse its discretion in denying former employee's motion for the award of attorney's fees and costs, under 29 U.S.C.S. § 216(b), because employee was not a prevailing party because, in granting employer's motion to dismiss lawsuit for lack...

Ten Most Significant Insurance Coverage Decisions Of 2013 – Idaho Supreme Court: No Covered Damages, But Coverage Still Owed For Plaintiffs’ Attorney Fees

Employers Mutual Casualty Co. v. Donnelly, No. 38623, 300 P.3d 31 (Idaho April 19, 2013) [ enhanced version available to lexis.com subscribers ], is a paradigm top 10 coverage case. It involves an issue that comes up with some regularity, there is a dearth of case law nationally addressing it and the...