Tribe Attempts to Use Sovereign Immunity to Avoid Paying Attorneys Fees

 Posted by at 3:45 pm  Interesting Fee Cases  Comments Off on Tribe Attempts to Use Sovereign Immunity to Avoid Paying Attorneys Fees
Dec 182013
 

Cherokee Nation found it “inappropriate, unreasonable and unconscionable” for Baby Veronica’s adopted parents to seek more than $1 million in legal fees from Brown and the Tribe.  Generally, “[f]ederal and state law gives the tribe sovereign immunity from any efforts to collect money.”

But, sovereign immunity would not apply to Dusten Brown, the biological father of Veronica, who is a member of the tribe.  Brown had legal custody of her for two years and fought an “epic legal battle to keep [Veronica] in Oklahoma.” Continue reading »

Court Reduces Legal Fees, Holding that OPRA Requests Are Not Discovery

 Posted by at 3:43 pm  Court Decisions  Comments Off on Court Reduces Legal Fees, Holding that OPRA Requests Are Not Discovery
Dec 122013
 

A New Jersey appeals court has held that an attorney, representing a client whose husband committed suicide while in prison, is not entitled to “wide latitude in Open Public Records Act requests for information about county jail procedures and security.”

Further, because attorney Donald Burke did not fully succeed on his document request, his “$52,275 fee request” was reduced to $4,500. The court said, “An OPRA request is not the equivalent of lawsuit discovery.” Continue reading »

$4.2M in Attorney Fees Upheld in Canker Case

 Posted by at 1:17 pm  Court Decisions  Comments Off on $4.2M in Attorney Fees Upheld in Canker Case
Dec 112013
 

Just over a week ago a Florida court upheld a $4.2 million award of legal fees in the Broward County citrus canker class action.  The Florida Department of Agriculture and Consumer Services was unable to convince the Fourth District Court of Appeal “to reverse or reduce the award to plaintiffs’ attorneys.”

Broward residents sued the state of Florida for the “mass removal of citrus trees within 1,900 feet of diseased trees.”  The state took significant action to eliminate the bacterial disease before abandoning the mission once hurricanes spread it across the region. Continue reading »

Judge Reduces Attorneys’ Fees by 62% in Laptop Class Action

 Posted by at 9:32 am  Court Decisions  Comments Off on Judge Reduces Attorneys’ Fees by 62% in Laptop Class Action
Dec 042013
 

In a recent class action involving Acer notebook computers, a Northern California federal judge cut “the attorneys’ fees award sought by plaintiffs’ lawyers from the requested $2,542,246 to $943,217.”  Acer was accused of selling computers that “ran slowly and crashed often because they lacked enough memory to support the pre-loaded operating system.” Continue reading »