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On May 27, the U.S. District Court for the Southern District of Texas granted a motion for attorneys’ general fees and costs against a defendant incurred in contempt proceedings for violations of a previous stipulated...more
Legal disputes arising from construction projects commonly involve lien claims (in the case of private construction projects) or payment bond claims (in the case of public construction projects) asserted by a general...more
Deciding whether to include a prevailing party attorneys’ fee provision in a contract is important, as doing so has significant risk and cost implications of litigation. Prevailing party provisions foster dispute...more
Do your homework before you seek approval of a class action settlement! Meals on airlines have all but disappeared for anyone other than those in first class, but the company Sky Chefs contends on its website that it...more
In Ellis v. Toshiba America Information Systems, Inc., C.A. 2nd/1, DAR p. 10497, plaintiffs counsel, after settling a class action, initially requested over $24 million in attorneys' fees. However, the court not only denied...more
On May 15 a Ninth Circuit panel reversed the district court’s approval of a class action settlement, holding that attorney’s fees awarded in connection with a coupon for the class members must be tied to actual redemption of...more
Shareholder class and derivative suits quickly follow virtually every significant merger announcement. The vast majority of those suits that are not dismissed settle quickly, with the defendant corporation typically agreeing...more