Firm Blogs
- Attorneys' Fees Reduce ERISA Plan's Recovery From Common Fund
Tue, 16 Apr 2013 16:28:07 -0800
By Robert Renner and James Hazlehurst
The United States Supreme Court ruled today that absent an express provision to the contrary, the amount an ERISA plan can recover from a plan participant’s lawsuit against a third-party tortfeasor must be reduced proportionately by the amount of attorneys...
Read More >
- Supreme Court Considers Accrual of Statute of Limitations in ERISA LTD Plan
Tue, 16 Apr 2013 13:19:53 -0800
On April 15, 2013, the United States Supreme Court agreed to review a case involving the question of when the statute of limitations accrues for judicial review of an adverse benefits determination under an ERISA long-term disability plan.
On November 18, 2010, Julie Heimeshoff (“...
Read More >
- Supreme Court Directs Trial Courts To Look At The Merits In Determining Whether To Certify A Class
Mon, 01 Apr 2013 14:25:56 -0800
By Michael A.S. Newman
Comcast v Behrend is the latest in a series of United States Supreme Court cases in recent years that have restricted the ability of plaintiffs to certify federal class actions. In so doing, it has expanded the scope of the Court's landmark 2011 decision, Walmart v. Dukes (cli...
Read More >
- Last Minute Amendment By Counsel To Augment Fee Claim Rejected By Court
Wed, 15 May 2013 12:38:17 -0800
In Duchrow v. Forrest, 2013 DJAR 5534 (2013) the California Court of Appeal for the Second Appellate District decided a unique fee claim arising in a procedural context.
An attorney, the Plaintiff, retained counsel to sue her employer for employment‑related claims. Under the retainer agr...
Read More >
- Sanctions Are Issued Where Court Determines That Special Motion To Strike Was Filed For Improper Purpose
Tue, 14 May 2013 07:28:51 -0800
In Kleveland v. Siegel & Wolensky LLP, 2013 DAR 4961(2013) the California Courts of Appeal for the Fourth Appellate District affirmed the denial of a special motion to strike and the award of costs and attorney fees as sanctions arising out of family trust litigation.
The Plaintif...
Read More >
- Auditing Billing Practices
Wed, 03 Apr 2013 14:30:45 -0800
David McMahon wrote an article published in The Recorder on March 29, 2013, about qualitative litigation management audits, which seek to determine whether the litigation bills are reasonable and necessary.
According to McMahon's article, a qualitative litigation management audit looks at the strate...
Read More >
- Attorney Fees Not Available In Mixed Motive Retaliation Claims Under Title VII, Seventh Circuit Rules
Mon, 06 May 2013 20:51:46 +0000
Under Title VII, in “mixed motive” discrimination cases (i.e., discrimination motivated in part, but not entirely, by an impermissible factor), an employer may limit Plaintiff’s recovery where it can show that it would have made the “same decision,” regardless of the im...
Read More >
- Analysis: Controversy Surrounding Obama’s NLRB Recess Appointees
Fri, 19 Apr 2013 22:16:18 +0000
As an employer, you may be perplexed by the flap over President Obama’s recess appointments to the National Labor Relations Board (“NLRB”) and concerned about what it all means for business. Your confusion is justified; the situation remains fluid and no one knows just where the dust will sett...
Read More >
- President Obama To Abandon Recess Appointees to the NLRB
Thu, 11 Apr 2013 20:39:00 +0000
The drama surrounding President Barack Obama’s recess appointments to the National Labor Relations Board (“NLRB”) took an unexpected twist this week as the President announced his intention to nominate three new members. As we have reported, earlier this year the D.C. Circuit in Canning v. NLR...
Read More >
