Mealey's Attorney Fees : Mealey's : Legal News & Analysis

Mealey's Attorney Fees

September 11, 2025
Clothing Maker Seeks Fees After Federal Circuit Reverses Infringement Verdict

PHOENIX — After the Federal Circuit U.S. Court of Appeals reversed an Arizona federal jury’s more than $20 million award against a clothing maker in a design patent and trademark infringement dispute related to oversized sweatshirts, the company now tells the court that it is owed roughly $3.6 million in attorney fees and costs, arguing that the case was “exceptional.”
September 11, 2025
8th Circuit: No Errors In Family Name HVAC Trademark Jury Instructions

ST. LOUIS — An Eighth Circuit U.S. Court of Appeals panel said it found no error in a Missouri federal judge’s grant of summary judgment on copyright claims or jury instructions on trademark claims in a dispute over the use of a family name between two heating and air conditioning entities after a founding member of the family business started a new company, affirming findings adverse to the plaintiff-appellant entity.
September 10, 2025
Federal Circuit: Fees Owed To Chipmaker In Tossed Infringement Case

WASHINGTON, D.C. — A Texas federal judge should have granted attorney fees to Realtek Semiconductor Corp. because it was the “prevailing party” after the judge converted a patent owner’s voluntary dismissal of a pair of infringement suits to a dismissal with prejudice, a Federal Circuit U.S. Court of Appeals panel held Sept. 9.
September 08, 2025
Judge Confirms Tribunal’s 2.2M Euro Attorney Fee Award For Fertilizer Dispute

CHEYENNE, Wyo. — A Wyoming federal judge on Sept. 5 granted a petition by Hungarian and Slovakian companies to confirm an international arbitration award worth more than 2.2 million euros in attorney fees, expenses and arbitration costs against a Wyoming company for a dispute over profits from the use of fertilizer technology.
September 08, 2025
Citing ‘Troubling’ Conduct, Judge Awards Attorney Fees In Billing ‘Fraud’ Suit

BOSTON — A Massachusetts federal judge “allowed” a motion for attorney fees filed by a lab and its owners in a medical practice’s qui tam suit alleging that they violated the False Claims Act (FCA) and similar state laws related to billing federal government insurers for medically unnecessary urinary tract infection (UTI) testing, finding “extremely troubling” the relator’s conduct regarding causing the submission of false claims while knowing that testing was not medically necessary.
September 08, 2025
Defendants Get Reduced Attorney Fees In ERISA Liquidation Time Lawsuit

RICHMOND, Va. — A plaintiff dissatisfied that it took 10 days to liquidate his 401(k) plan has been ordered to pay attorney fees totaling $122,951 after a Virginia federal judge concluded in part that “a majority of this prolonged litigation could have been avoided had Plaintiff reviewed and authenticated” call transcripts that were at the heart of the Employee Retirement Income Security Act case.
September 08, 2025
Hawaii High Court Reverses Fees For Prevailing Condo Owner, Citing Resort Contracts

HONOLULU — The Hawaii Supreme Court affirmed an appellate court’s ruling that a condominium owner did not violate a resort’s covenants and restrictions by allowing others to stay in its condo units in exchange for paying annual dues to a membership program offered by its parent company but reversed the court’s award of attorney fees for the condo owner based on the fee provision in the resort’s contract document.
September 08, 2025
South Dakota High Court Reverses Fee Award That Was Based On ‘Misperception’

PIERRE, S.D. — In a ruling that drew a partial dissent, the South Dakota Supreme Court reversed an assessment of attorney fees related to the appellant’s “tribal enrollment status,” saying in part that the lower court’s “misperception resulted in an attorney fee award that was not ‘in the interests of justice’ and was an abuse of discretion”; the appellate court also reversed an award of visitation rights, which drew a separate partial dissent.
September 05, 2025
Class Settlement Wins Final Approval In ERISA Case Over Alleged Cost-Shifting

ASHEVILLE, N.C. — A North Carolina federal judge granted final approval to a class settlement that resolves a long-running Employee Retirement Income Security Act suit over an alleged cost-shifting scheme concerning health plan administrative fees for chiropractic and physical therapy treatment; the deal includes gross amounts of $4.8 million for members of individual and plan classes and a separate $3.55 million for attorney fees and costs.
September 05, 2025
9th Circuit Transfers Fee Issue In Facebook Cybersquatting Trademark Suit

SAN FRANCISCO — Without providing explanation, the Ninth Circuit U.S. Court of Appeals granted a motion filed by Instagram LLC and Facebook Inc., now known as Meta Platforms Inc., (collectively, Meta) to transfer consideration of attorney fees on appeal to a district court in Meta’s trademark infringement suit against multiple Chinese-based companies for their alleged cybersquatting by using domain names purportedly infringing on Meta’s trademarks.
September 03, 2025
Briefly: Class Seeks Approval Of $15M Deal In Securities Fraud Case About Pipeline

PHILADELPHIA — The lead plaintiffs in a long and winding securities fraud class action related to the construction of a hydraulic fracturing pipeline on Sept. 2 filed a brief in Pennsylvania federal court seeking final approval of a class action settlement for a cash payment of $15 million.
September 02, 2025
Hawaii Supreme Court: Company Director Is Due Indemnification, Fees On Fees

HONOLULU — In answering two questions of first impression, the Hawaii Supreme Court ruled that a director of a development company is due indemnification and recovery of “fees on fees” for his challenge of the company’s loyalty clause in the context of conflict of interest.
September 02, 2025
1st Circuit: Consumers Didn’t Prevail In Antitrust Litigation, Aren’t Due Fees

BOSTON — The First Circuit U.S. Court of Appeals said that two consumers who sued to block the merger of two airlines are not prevailing parties because the merger was enjoined through a lawsuit brought by the federal government and several states.
September 02, 2025
Judge Trims Attorney Fees, Prejudgment Interest Rate In LTD Lawsuit

NEW YORK — Saying in part that the requested 21.8% prejudgment interest rate “is far outside the norm in this District,” a New York federal judge awarded modified amounts totaling $230,083.65 for attorney fees and $139,497.54 for prejudgment interest in a long-term disability (LTD) case in which the claimant won $928,954.90 in retroactive benefits.
September 02, 2025
3rd Circuit: NFL Player’s Attorney Gets Costs, No Fees After Concussion Settlement

PHILADELPHIA — A retired National Football League (NFL) player’s former counsel is entitled to costs only, not fees, for its efforts in representing the players in a now-settled concussion injury multidistrict litigation, a Third Circuit U.S. Court of Appeals panel ruled, affirming a special master’s recommendation that was adopted by a trial court judge.
September 02, 2025
Panel Affirms Ruling Denying Attorney Fees Request In Dispute With Property Insurer

MIAMI — A Florida appellate court affirmed a lower court order denying attorney fees to a homeowner who previously obtained final judgment in her favor in a coverage dispute with her property insurer, Citizens Property Insurance Corp., which describes itself on its website as Florida’s “insurer of last resort,” citing case law affirming lower court orders where an appellant failed to appropriately raise issues before the trial court.
September 02, 2025
Judge Approves $3.1M Deli Meat Class Settlement, $1.03M In Attorney Fees

WHITE PLAINS, N.Y. — A New York federal judge granted final approval of a $3.1 million class settlement in a Boar’s Head lunch meat listeria contamination case and approved a motion for $1.03 million in class counsel fees for six plaintiff law firms.
August 29, 2025
After Fraud Suit Cert Denial, Judge Won’t Toss Attorney Fee Order For Over $1M

PORT HURON, Mich. — Approximately 10 months after the U.S. Supreme Court denied a petition for certiorari by the owner of medical clinics in State Farm’s no-fault fraud and Racketeer Influenced and Corrupt Organizations Act (RICO) suit against him and related parties, a Michigan federal judge denied the owner’s motion for relief from a district court order awarding $1,271,937.23 in attorney fees and $2,855.27 in costs against him, finding no neglect on the part of the owner’s former counsel.
August 29, 2025
$2.8B Provider Class Settlement With Blue Cross Insurers Wins Final Approval

BIRMINGHAM, Ala. — Attorneys for an opt-out health care provider class were granted their requested $657,160,000 for fees and $102,059,478.49 for expenses in a $2.8 billion settlement that also provides “extraordinary injunctive relief,” an Alabama federal judge said in granting final approval to the deal in a multidistrict antitrustcase against the Blue Cross Blue Shield Association and its member plans (collectively, BCBSA or the Blues).
August 29, 2025
$8.5M Settlement OK’d In Worker’s Suit Alleging Calif. Wage-And-Hour Violations

LOS ANGELES — A federal judge in California granted final approval of an $8.5 million class and representative settlement, ending wage-and-hour claims brought by one employee under California law against an engineering conglomerate accused of failing to provide meal and rest breaks, overtime and minimum wages and expenses.
August 28, 2025
5th Circuit: Reinsurer’s Late Notice Of Litigation Constitutes Prejudice

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals reversed and remanded a Texas federal court’s ruling in a reinsurer’s appeal of a $2,866,423.97 judgment that includes attorney fees, ruling that an insurer’s months-late notice of its involvement in underlying class action litigation constituted a material breach of its quota share treaty with the reinsurer and violated the contract’s notice provision, depriving the reinsurer of its right to participate in the defense and establishing prejudice as a matter of law.
August 27, 2025
2 Class Settlements Totaling $60 Million Get Final OK In Church Plan Suit

JACKSON, Tenn. — A Tennessee federal judge has granted final approval to class settlements initially grossing $60 million before interest in multidistrict litigation over a religious denomination’s retirement plan, also awarding attorney fees of a third of that amount and a $20,000 service award to each of the 10 named plaintiffs; claims against numerous nonsettling defendants remain.
August 25, 2025
Judge Grants Contractor, Homebuilder’s Motion For Attorney Fees

ORLANDO, Fla. — A federal judge in Florida adopted a magistrate judge’s report and recommendation granting a general contractor and homebuilder’s motions for entitlement to attorney fees following a summary judgment ruling in their favor in a commercial liability insurer’s lawsuit seeking a declaration as to coverage for construction-related damages at a condominium development.
August 25, 2025
Mining Company Must Pay Mexico’s Attorney Fees After Consolidation Denied

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) published a split consolidation tribunal’s order rejecting the United Mexican States’ request to consolidate two arbitration claims brought against it by a Canadian mining investor and ordering the investor to pay Mexico more than $632,000 in attorney fees, citing the fact that it seeks to withdraw its second claim after more than a year of consolidation proceedings.
August 22, 2025
11th Circuit: Traveler Prevailed In Confiscation Case, Is Due Fees, Costs

ATLANTA — The 11th Circuit U.S. Court of Appeals reversed denial of a motion for attorney fees and costs, finding that an air traveler who had $8,500 confiscated by federal agents “substantially prevailed” in his effort to claim the money after the government voluntarily dismissed the case.