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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ6550105 ADJ6777358 ADJ6777361 ADJ6976802
Regular
Oct 03, 2014

ESTHER GARCIA vs. ANTELOPE VALLEY UNION HIGH SCHOOL DISTRICT, CORVEL CORPORATION

The Workers' Compensation Appeals Board granted reconsideration and rescinded an earlier order allowing attorney fees. The Board found that Labor Code section 5710(b) only authorizes fees for depositions of the injured employee or their dependents, not for depositions of Qualified Medical Evaluators (QMEs). Therefore, applicant's counsel was not entitled to fees for attending the QME's deposition. The Board denied the petition for attorney's fees.

Labor Code $\S 5710$Petition for ReconsiderationWorkers' Compensation Appeals BoardQualified Medical Evaluator (QME)Attorney's FeesDepositionInjured EmployeeDependent BenefitsWCJContingency Fee
References
0
Case No. MISSING
Regular Panel Decision
Feb 21, 2014

Marin v. Constitution Realty, LLC

This case involves an appeal from an order regarding the division of attorneys' fees among Sheryl Menkes (appellant), David B. Golomb, and Jeffrey A. Manheimer (respondents). Menkes, attorney of record for plaintiffs in a personal injury action, had agreements with both Golomb and Manheimer for fee sharing. The primary dispute concerned Golomb's share, contingent on whether the case settled at a specific mediation session (12% fee) or later (40% fee). The court affirmed the lower court's decision, finding the contract unambiguous that the mediation session concluded on a specific date, entitling Golomb to the higher fee, and that Manheimer was entitled to 20% as per his agreement. The court rejected Menkes's arguments based on contract interpretation and professional conduct rules.

Attorney's FeesContract InterpretationMediation AgreementFee DisputePersonal Injury ActionQuantum MeruitProfessional ConductNew York LawSettlement NegotiationsStructured Settlement
References
13
Case No. ADJ4702870 (LAO 0757820)
Regular
May 20, 2016

Rubie Johnson vs. Los Angeles County Mental Health

This case involves sanctions imposed on lien claimant David Silver, M.D., and his representatives for failing to appear at a properly noticed lien conference without good cause. The Workers' Compensation Appeals Board (Board) granted reconsideration to affirm the sanctions and attorney fees awarded. The Board found that the excuses provided for the non-appearance were unreasonable and constituted bad faith actions under Labor Code section 5813. Consequently, Silver and his representatives were ordered to pay $\$250.00$ in sanctions to the General Fund and $\$2,100.00$ in attorney fees to the defendant.

Labor Code Section 5813WCAB Rule 10561WCAB Rule 10770.1Lien ConferenceFailure to AppearBad Faith ActionsSanctionsAttorney's FeesPetition for ReconsiderationJoint and Several Liability
References
1
Case No. MISSING
Regular Panel Decision

King v. Allied Vision, Ltd.

This case involves a plaintiff's motion for attorney's fees following a remand from the Second Circuit Court of Appeals. Plaintiff Stephen King sought fees due to defendant New Line Cinema's contempt of court for numerous violations of a Final Consent Decree concerning the misattribution of 'The Lawnmower Man' film. The District Court had previously found the defendant in contempt and awarded fees in 1994 and 1995. The Second Circuit affirmed some parts of the 1994 order but vacated others, along with the entire 1995 order, remanding the attorney's fees issue for reconsideration, specifically questioning the willfulness of the noncompliance. Upon review, this court concluded that while the defendant's conduct was negligent and contumacious, it did not meet the clear and convincing evidence standard for willfulness required for an award of attorney's fees for civil contempt under Second Circuit law. Consequently, the plaintiff's motion for attorney's fees was denied.

Civil ContemptAttorney's FeesWillfulness StandardSecond Circuit RemandConsent Decree ViolationsLanham ActFilm MisattributionThe Lawnmower ManInjunctive ReliefCompensatory Damages
References
27
Case No. MISSING
Regular Panel Decision
Nov 16, 1990

Continental Building Co. v. Town of North Salem

This case concerns an amended order regarding the award of attorney's fees under 42 USC § 1988. The court re-affirmed its previous finding that the plaintiff was a 'prevailing party' and that no 'special circumstances' existed to deny the award, rejecting arguments regarding defendants' good faith, plaintiff's financial ability, or third-party contributions. The court then determined the reasonableness of the fees, finding the hours expended and the hourly rate to be appropriate. Despite the 'lodestar fee' calculation, the court, exercising its discretion, reduced the final award to prevent overpricing litigation, ultimately granting $318,977.78 in attorney's fees and $73,022.22 in disbursements and expenses.

Civil RightsAttorney's FeesPrevailing PartySpecial CircumstancesLodestar MethodDisbursementsExpert Witness FeesSection 1983Section 1988Exclusionary Zoning
References
32
Case No. MISSING
Regular Panel Decision

New York State Ass'n of Realtors, Inc. v. Shaffer

Plaintiffs New York State Association of Realtors, Inc. and Clifford Hall moved the Court for an order granting them attorneys’ fees and costs, together with post-judgment interest pursuant to 42 U.S.C. §§ 1983 and 1988. This motion followed a successful appeal to the Second Circuit, which reversed a prior District Court decision, finding a New York State nonsolicitation regulation unconstitutional under the First Amendment. The defendant argued for a 50% reduction in fees, citing the plaintiffs' partial success. However, Judge Spatt of the Eastern District of New York found the overall relief obtained by the plaintiffs to be significant and approved the requested attorneys' fees and expenses, totaling $81,196.27.

Attorneys' FeesCivil Rights LitigationFirst Amendment RightsCommercial SpeechReal Estate LawNonsolicitation RegulationsBlockbustingLodestar MethodSummary JudgmentAppellate Procedure
References
20
Case No. ADJ3999556 (STK 0205067)
Regular
Aug 16, 2016

MARTIN ORNELAS vs. BEUTLER CORPORATION, ARCH INSURANCE COMPANY

The Court of Appeal affirmed the denial of the defendant's writ of review, finding no reasonable basis for the petition and remanding for attorney's fees. Applicant's attorney sought $6,000 based on 15 hours of work, which the defendant contested due to a procedural argument. The Board reviewed the filings and found the requested fee award reasonable. Consequently, the defendant is ordered to pay applicant's attorney $6,000 for services related to the appellate proceedings.

Labor Code Section 5801Petition for Writ of ReviewAttorney's FeesReasonable BasisRemandApplicant's AttorneyDefendant's AnswerAppellate Court DocketVerified PetitionWorkers' Compensation Appeals Board
References
0
Case No. MISSING
Regular Panel Decision

Misuraca v. Perales

This case involves appeals by the State and local Commissioners from two Supreme Court orders in a CPLR article 78 proceeding. The initial proceeding challenged a denial of a shelter allowance to an unnamed petitioner and was settled by stipulation. The Supreme Court had awarded attorney's fees to the petitioner as a 'prevailing party' under 42 USC § 1983. The appeals court dismissed the appeal concerning the denial of reargument, noting no appeal lies from such an order. Crucially, the court reversed the order awarding attorney's fees, ruling that the petitioner's federal due process claim, concerning the failure to produce a witness, was 'wholly without merit.' The court found the dispute involved a legal conclusion from undisputed facts, not a factual issue requiring cross-examination under Goldberg v Kelly, thus not entitling the petitioner to attorney's fees under 42 USC § 1988.

Attorney's FeesCPLR Article 78Due ProcessShelter AllowancePrevailing PartyFederal Constitutional ClaimState ClaimsStipulation of Settlement42 USC § 198342 USC § 1988
References
9
Case No. MISSING
Regular Panel Decision

Tokyo Electron Arizona, Inc. v. Discreet Industries Corp.

This order addresses the plaintiff Tokyo Electron Arizona's (TAZ) application for reasonable attorney's fees and costs against defendants Discreet Industries and Ovadia Meron (Discreet), pursuant to Federal Rule 37. The court determines the appropriate award by assessing the reasonableness of hourly rates and hours expended, applying the lodestar method. While acknowledging the high caliber of work, the court reduced Mr. Haug's hourly rate and applied a 10% overall reduction to the billed hours to account for potential overlap. Additionally, the court found TAZ's copying and transcript costs reasonable and partially awarded costs for a computer-generated Power Point presentation. Ultimately, TAZ was awarded $55,751.79 in fees and $5386.19 in costs, totaling $61,137.98.

Attorney's FeesCostsDiscovery SanctionsFederal Rule 37Lodestar MethodHourly RatesReasonable HoursEastern District of New YorkSouthern District of New YorkWork Product Doctrine
References
26
Case No. ADJ7508584
Regular
Sep 30, 2014

CALVIN WRIGHT vs. HEALTH NET, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior order regarding temporary total disability (TTD) indemnity payments. The WCAB found the defendant's attorney's petition for reconsideration frivolous and filed in bad faith, noting the attorney attempted to disregard a prior stipulation on average weekly earnings and TTD rate. Consequently, the WCAB issued a notice of intention to impose sanctions of up to $2,500 against the attorney for bad faith actions, delay, and failure to comply with procedural rules. The WCAB will affirm the prior order directing the defendant to pay the TTD difference owed to the applicant.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsAttorney FeesStipulationTemporary Total Disability (TTD) IndemnityAverage Weekly EarningsWCJBad FaithFrivolous
References
0
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