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21 Nov 3:21 am
Kentucky Associated General Contractors Self-Insurance Fund(KAGC) v. Music Construction, Inc. 2008-SC-000795-DG October 29, 2009 Opinion of the Court. All sitting; all concur.
Employee suffered permanent and total disability from a trench collapse. KOSHA subsequently cited the employer for intentional safety violations. Because of these violations, employee
sought and received a 30% enhancement to his disability award, as allowed under KRS 342.165(1). KAGC, the employer's workers' compensation ...
24 Apr, 2008 6:00 am
... at 6. The attorneys' fees award was $2,040,000, which constitutes about a 2.5 multiplier and amounts to 21.8% of $4.29 million. Id. at 6, 26-27. The settlement ... strength
of the plaintiff's case weighed against the amount of the settlement. (See Synfuel Technologies, Inc. v. DHL Express (USA), supra, 463 F.3d at p. 653.) Nowhere in her ... , was a
perfectly acceptable manner of giving notice in this case. (See Browning v. Yahoo! Inc. (N.D.Cal. 2006) 2006 WL 3826714 at *8-9 [approving two-tiered notice ...
5 May, 2008 6:00 am
The Court of Appeal's opinion in Chavez v. Netflix, Inc., ___ Cal.App.4th ___ (Apr. 21, 2008) has two tidbits for those of us whose ... timely objects to a settlement has
standing to appeal regardless of whether the member formally intervened in the action. (Consumer Cause, Inc. v. Mrs. Gooch's Natural Food Markets, Inc ... . Moses (2001)
24 Cal.4th 1122, 1139 [court can award multiplier for an exceptional quality of representation when representation "far exceeds the quality . . . that would have been ...
3 Oct, 2007 5:28 am
... and one of its employees alleging that letters sent to debtors violated the federal Fair Debt Collection Practices Act (FDCPA) and California's state law equivalent, the Rosenthal
Fair Debt Collection Practices Act (Rosenthal Act). Guevarra v. Progressive Fin. Servs., Inc., 497 F.Supp.2d 1090, 1090-91 (N.D. Cal. 2007). The class action complaint originally
sought "class-wide relief on behalf of all debtors who received the letter at issue here"; however, plaintiff's counsel subsequently amended ...
28 Aug, 2008 3:03 pm
... its copyrighted adult films on the Veoh site. So far, this is a familiar story -- user-generated content site gets sued by copyright owner for naughty uploading habits of users
(see, e.g., lawsuits against MySpace, iMeem, YouTube, Redlasso, Hi5, Multiply, Stage6, MP3tunes, Scribd, Usenet.com, Bolt, and Grouper). But this is the first case to get to a
final ruling, and it's a total victory for Veoh. The key to Veoh's victory was its scrupulous attention to the DMCA safe harbors. Veoh responded ...
27 Jul, 2008 3:27 pm
... awarded whether by a judge or by a jury will be arbitrary." Mathias v. Accor Economy Lodging, Inc., 347 F. 3d 672, 678 (CA7 2003). 2 This is why our ... 425.21 Although the
legal landscape is well populated with examples of ratios and multipliers expressing policies of retribution and deterrence, most of them suffer from features that stand ...
recognizing products liability . . . as part of the general maritime law"); American Export Lines, Inc. v. Alvez, 446 U. S. 274 (1980) (recognizing cause of action ...
4 Oct, 2007 6:25 am
... Upheld but California State Appellate Court Reverses Attorney Fee Award as Excessive and because Multiplier Improperly Based on Same Facts that Triggered Entitlement to Fees
Plaintiffs filed a class action in California state court against FedEx Ground Package System, Inc. alleging violations of ... class members] were employees, not independent
contractors." Estrada v. FedEx Ground Package Sys., Inc., 64 Cal.Rptr.3d 327 330 (Cal.App. 2007). The trial court granted plaintiffs' ...
18 Oct, 2006 12:40 pm
... eligible for attorney's fees under § 285 is a two-step process." MEMC Electronic Materials, Inc. v. Mitsubishi Materials Silicon Corp., 420 F.3d 1369, 1382 (Fed.Cir. ... §
285, the court may impose sanctions upon any attorney who unreasonably and vexatiously multiplies the proceedings. 28 U.S.C. § 1927. Section 1927, however, is "not a 'catch ...
abuse the judicial process by conduct tantamount to bad faith.' " Schwartz v. Millon Air, Inc., 341 F.3d 1220, 1225 (11th Cir.2003) [citation omitted]. [T]he ...
18 May, 2007 7:02 pm
... or her actual retirement date. The product of this calculation is the marital/community property part of the pension. Step III Multiply the product of the Step II calculation
by the agreed share of the Former Spouse (frequently 50%). The product of ... firms will divide Restricted stock upon divorce. For the procedure to value this type of stock for divorce:
contact Troyan, Inc. Retirement Equity Act The federal legislation enacted in 1984 that made the division of pensions on divorce possible. ...
14 Aug, 2007 1:58 pm
... He discusses yesterday's decision in Estrada v. Fedex Ground Package System, Inc., case no. B189031 (2d Dist. August 13, 2007), in which the Court of ... for his attorneys'
fees, a total of $7,409,016 - plus a 2.0 multiplier as compensation for delay and contingency, a total of $14,818,032. The trial court reduced ... court's dual use of the same
reasons to both calculate the fee and justify the multiplier created a windfall. Tom provides the highlights of the court's resolution of the issues at his blog ...
12 Sep, 2007 4:00 am
... present important issues. Today, the Court will hear argument in State ex rel. Chemtall Inc., et al. v. The Honorable John T. Madden, et al., No 33380, ... from several
states on a class-wide basis. The second decision, Stern v. Chemtall Inc., 617 S.E.2d 876 (W.Va. 2005), reversed a denial of ... to allow the water treatment worker to
participate in the action, to permit the use a punitive damages multiplier in a medical monitoring action, and to allow the common adjudication of claims that arise under ...
16 Sep 12:47 pm
... Justin Barnes of the North Carolina Solar Center told Galbraith in an e-mail message '"a state will simply apply a multiplier to renewable energy certificates produced from
in-state resources.' Examples include Colorado and Missouri; both have a 1.25 ... states and local governments are moving ahead with renewable energy action on their own. To read the
Galbraith post in Green Inc., click here. To read Galbraith's post on the order in California that appeared in yesterday's Green Inc., click here. ...
17 Apr 8:36 am
... running afoul of the due process clause of the U.S. Constitution's Fifth Amendment. Not all cases will be held to the "4x" multiplier, clearly. For example, where damages are
nominal, the Eigth Circuit panel (Melloy, Beam, Gruender) recognized that the multiplier would have to increase. Alternately, ... , at least, some general guidelines for some
cases to counsel clients on a range of potential damages should they be found liable. Wallace v. DTG Operations, Inc., Case No. 08-1474 (April 17, 2009).
2 Aug, 2007 6:35 am
... is calculated by time spent on the case in performing legitimate legal services for the client and multiplying that by a reasonable hourly rate. John v. Klecan, 198 Ill. App.
3d 1013, ... fee contract will work a termination of the contingent fee agreement. Plaza Shoe Store, Inc. v. Hermel, Inc., 636 S.W.2d 53 (Mo. banc 1982). In ... the
attorney has a lien for the reasonable time he or she has put into the case multiplied by a reasonable hourly fee. If the case comes to me after you discharge your ...
9 Jul, 2008 11:00 pm
... In so holding, the court distinguished the facts of this case from those in Armenta v. Osmose, Inc. (2005) 135 Cal.App.4th 314, where the presumption of good faith was
outweighed by ... Fitters Local Union No. 669 v. G & G Fire Sprinklers, Inc. (2002) 102 Cal.App.4th 765, where the employer's legal obligation was ... s award of fees to
plaintiffs' attorneys based upon a lodestar multiplier of 1.65, which was less than the multiplier of 2.0 requested by the plaintiffs. There certainly is a change that ...
22 Oct, 2008 12:30 pm
... Fleury v. Richemont North America, Inc., C-05-4525 EMC, 2008 WL 3287154 (N. D. Cal. Aug. 6, 2008). After the Northern ... more befitting royalty and Sheiks. In Fleury v.
Richemont North America, Inc., the class members had complained that "world renowned French jeweler and watchmaker" ... a reasonable attorney's fee is determined by the number of
hours reasonably expended on the litigation multiplied by a reasonable hourly rate, subject to adjustment upwards or downwards based on a variety of factors, ...
26 Dec, 2008 6:05 pm
... maximum bonus (1,000) to determine a regular hourly bonus rate, and then by multiplying the number of overtime hours worked during the bonus period by one-half of that
regular bonus ... the number of straight time hours worked during the bonus period, and then multiply the number of overtime hours by 1.5 times that regular bonus rate. For
example, under ... . 3-4.) Turning to the opinion's analysis, the Court examined Skyline Homes, Inc v. Department of Industrial Relations (1985) 165 Cal.App.3d 239, ...
28 May 11:26 am
... would take at least a dozen posts), but suffice it to say that the change to unfettered discovery - once plaintiffs learned how to weaponize it - multiplied the cost of
litigating cases many times over. In the kind of mass torts that we do, discovery probably amounts to maybe 80 ... the civil jury's historic domain have been found not to be
inconsistent with the Seventh Amendment." Parklane Hosiery Co., Inc. v. Shore, 439 U.S. 322, 336 (1979) (discussing collateral estoppel). "In numerous contexts, ...
14 Jun 9:48 am
... the case; the low risk of non-payment; public policy and the high lodestar multiplier resulting from the requested fee award. He devoted the most discussion to the public
policy ... deciding the amount of the fee.) After reviewing all the factors, and calculating a lodestar multiplier of 4.5 to 5.3, which he described as "closer to the middle of
the range ... has already looked to Jones when determining attorney's fees. In Loudermilk Services, Inc. v. Marathon Petroleum Co. LLC, 2009 WL 1306917 (S.D.W ...
12 Apr, 2008 4:38 pm
... Created • San Diego Federal Credit Union v. Cumis Ins. Soc'y, Inc., 162 Cal. App. 3d 358, 371, 28 Cal. Rptr. 494 ( ... PLCM based on their market value, specifically, the
reasonable inhouse attorney hours multiplied by the prevailing hourly rate in the community for comparable legal services." F. Recovery of CounterClaim ... breach of contract;
[but] where the refusal to defend is unreasonable, it is actionable as a tort." Tradewinds Escrow, Inc. v. Truck Ins. Exch., 97 Cal. App. 4th 704, 712 (2002). ...
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