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Appellate Courts › Fees

Orrick, Herrington & Sutcliffe LLP

Fourth Circuit reverses lower court’s decision in bank class action certification

Orrick, Herrington & Sutcliffe LLP on

On August 5, the U.S. Court of Appeals for the 4th Circuit reversed and remanded a lower court’s decision that denied a plaintiff’s motion for class certification in her lawsuit against a bank. The plaintiff, a South Carolina...more

Fenwick & West LLP

CA Supreme Court: Federal Arbitration Act Does Not Preempt State Law on Timely Arbitration Fee Payment

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The California Supreme Court recently held in Hohenshelt v. Superior Court that the Federal Arbitration Act (FAA) does not preempt a California law that penalizes businesses that have consumer and employee arbitration...more

Law Office of Jason Ostendorf

Courts Are Sitting on a Gold Mine — But They’re Too Busy Protecting Stenographers to See It

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The court system loves to cry poor. Budget shortfalls. Staffing cuts. Rising costs. Meanwhile, it’s sitting on an untapped revenue stream so obvious it hurts: depositions. Every appellate litigator knows the drill. You...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Inaudible Texts and Bankruptcy Fees

Morrison & Foerster LLP - Left Coast Appeals on

This week, the Ninth Circuit addresses whether text messages can violate the Telephone Consumer Protection Act’s prohibition on “prerecorded voice” messages, and it considers whether debtors who paid statutory fees under an...more

Bradley Arant Boult Cummings LLP

The American Rule Stands? Appellate Court Remands for Prevailing Party to Segregate Between Recoverable and Non-Recoverable Fees

Bradley Arant Boult Cummings LLP on

Another week, another fee-shifting case. This ones involves a 28-unit condo project in the Houston Heights neighborhood of Houston (see 2017 Yale Development, LLC v. Steadfast Funding, LLC, 2023 WL 3184028 (Tex. App. May 2,...more

Nelson Mullins Riley & Scarborough LLP

Post Siegel Ruling: Second Circuit Joins the Tenth Circuit in Ordering Refunds for Overpayment of U.S. Trustee Fees

Nelson Mullins Riley & Scarborough LLP on

In a previous blog post from June 2022, we discussed the Tenth Circuit’s post-Sigel decision in John Q. Hammons Fall 2006 LLC v. U.S. Trustee (In re John Q. Hammons Fall 2006 LLC), 15 F.4th 1011 (10th Cir. Oct. 5, 2021),...more

Fox Rothschild LLP

School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)

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The legal aftershocks of the COVID-19 pandemic will be surfacing for years to come. But for those waiting for pendent-appellate jurisdiction and Rule 54(b) sightings, a recent Court of Appeal opinion combines appellate...more

Weintraub Tobin

The Ninth Circuit Affirms Ruling That COMIC-CON Isn’t Generic For Comic Conventions

Weintraub Tobin on

The battle started almost six years ago. A Utah-based company known as Dan Farr Productions (“DFP”) decided to use San Diego Comic Convention’s (“SDCC”) registered trademark COMIC-CON in conjunction with its own comic and...more

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