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Ethics & Attorney Fees |  | | May 23-27, 2011 FindLaw.com Weekly Ethics & Attorney Fees Newsletter | | You may forward this e-mail in its entirety.
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Ethics & Attorney Fees United States Second Circuit, 05/24/2011
Scott v. City of New York, No. 09-3943
In a dispute involving the scope of the Carey rule as applied to the award of attorney’s fees and arising from the Fair Labor Standards Act’s fee shifting provision, 29 U.S.C. section 216(b), judgment of the district court is reversed because a district court’s personal observation of an attorney’s work is not by itself a sufficient basis for permitting a deviation and awarding fees in the absence of contemporaneous records Read more... California Court of Appeal, 05/23/2011
Martinez v. L.A. County Metro. Transportation Auth., No. B221234
In a dispute arising from the scope of a settlement agreement reached between the parties following an action for disability discrimination, Code of Civil Procedure section 998, judgment of the trial court denying plaintiff's motion for statutory attorney fees is affirmed where such fees were part of the costs plaintiff agreed to bear in settlement agreement. Read more... California Court of Appeal, 05/24/2011
Fair v. Bakhtiari, No. A126844
In a dispute involving an attorney who entered into business transactions with his clients without the written disclosures required by Rule 3-300 of the Rules of Professional Conduct, judgment of the trial court is affirmed where court properly denied the attorney leave to amend his complaint to state a cause of action for the reasonable value of his services on account of his Rule 3-300 violation. Read more...
California Court of Appeal, 05/26/2011
Simke, Chodos, Silberfeld and Anteau, Inc. v. Athans, No. B222175
In a dispute arising from an action for breach of a contingency fee agreement, judgment of the trial court awarding attorney fees after entry of a default judgment for discovery violations is affirmed because a complaint does not have to specify, by dollar amount, the attorney fees that will be incurred and sought in a case ultimately resolved by a default judgment entered as a discovery sanction. Read more...
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