Tag Archives: Attorneys Fees

Argument Report: The Perils of Waiting Too Long on Your Fees Claim

Our reports on the oral arguments of the Illinois Supreme Court’s September term continue with Rodriquez v. Department of Financial and Professional Regulation. To watch the video, click here. The facts and holding below are set forth in detail in our preview of the argument. Here’s the question – when you get an administrative rule struck down, … Continue Reading

Attorneys Fees Applications and Appeals: The Timing Effect

Federal Rule of Civil Procedure 54(a) allows a claim for attorney’s fees and other nontaxable costs to be made by motion in most cases. Such fees may be recoverable by statute or pursuant to a contract between the parties. In some cases, attorney’s fees are recoverable as a sanction for litigation misconduct. Consequently, fee motions … Continue Reading

California Supreme Court 5/12/10 Conference

In its weekly conference, see list of actions, the California Supreme Court granted review in: Jankey v. Lee, in which the Court of Appeal held that the Americans with Disabilities Act does not preempt Civil Code § 55, which entitles the prevailing defendant to attorney’s fees upon defeating a claim for injunctive relief under the … Continue Reading

Supreme Court Short List Profiles: Judge Kim McLane Wardlaw of the 9th Circuit Court of Appeals

As part of Appellate Strategist’s ongoing evaluation of the “short list” of potential nominees to replace retiring Justice Stevens, we turn now to one of the nominees who was also on the short list to replace Justice Souter – Judge Kim McLane Wardlaw of the 9th Circuit Court of Appeals. Judge Wardlaw is a California … Continue Reading

Texas Supreme Court Civil Issues Pending: Insurance

[UPDATED THROUGH APRIL 1, 2010] Assumption of Liability Exclusion. Where the insured is immune from tort liability as a government contractor and the alleged contractual liability mirrors tort liability, does the insurance policy’s assumption of contractual liability exclusion apply? Did insurer waive its coverage defenses by associating in the defense of the insured? Gilbert Texas Construction … Continue Reading