all - Opinion Summaries

KIRKEBY v. SUPERIOR COURT OF ORANGE COUNTY (FASCENELLI)

Attorney's Fees, Property Law & Real Estate
An action to set aside a fraudulent conveyance did not affect title to or the right to possession of specific real property so as to support a lis...

TRINITY UNIVERSAL INS. CO. v. STEVENS FORESTRY SERV., INC.

Attorney's Fees, Insurance Law
Under Louisiana law, an insurer is not required to reimburse its insured for attorneys' fees and costs the insured incurred in hiring independent...

PEOPLE v. FULTON

Attorney's Fees, Criminal Law & Procedure, Remedies
Penal Code section 1202.4(f)(3), allows restitution only for that portion of attorney fees attributable to the victim's recovery of economic damages.

KALAI v. GRAY

Attorney's Fees, Construction, Dispute Resolution & Arbitration
A party who enters into a pre-dispute agreement to arbitrate does not waive his right to resort to that forum merely because he first attempts to air...

MAYNARD v. NYGREN

Attorney's Fees, Civil Procedure, Sanctions
Clear and convincing evidence of willfulness, bad faith, or fault is required in order to warrant dismissal of an action as a discovery sanction. A...

WANER v. FORD MOTOR CO.

Attorney's Fees, Intellectual Property, Patent
Because the district court erred in its interpretation of the claim language in a patent for fender liners of "dually trucks," denial of defendant's...

THOMAS v. NAT'L SCIENCE FOUND.

Attorney's Fees, Civil Procedure
A vacated preliminary injunction and a partial summary judgment were not sufficient to make appellees "prevailing parties" for purposes of a fee award...

TRUCKERS UNITED FOR SAFETY v. MEAD

Attorney's Fees, Government Law, Transportation
The district court erred in awarding a fee enhancement under the Equal Access to Justice Act, as expertise in the "safety aspects of the trucking...

OLDHAM v. CALIFORNIA CAPITAL FUND, INC.

Attorney's Fees, Civil Procedure, Judgement Enforcement, Property Law & Real Estate
The trial court's approval of a settlement regarding real property and lien priority is reversed, where 1) the court did not have sufficient...

US v. HEAVRIN

Attorney's Fees, Criminal Law & Procedure
The fact that only one count among many is frivolous or not frivolous is not determinative as to whether a movant is a "party" entitled to seek...