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

Mealey's Attorney Fees

June 24, 2025
In Mixed Ruling, 9th Circuit Approves Denial Of Coverage For Wilderness Program

SAN FRANCISCO — In an unpublished June 23 memorandum disposition issuing a mixed ruling in a mental health and substance use coverage dispute, the Ninth Circuit U.S. Court of Appeals said that coverage for a wilderness program was properly denied; that coverage for residential treatment was not properly denied but the correct remedy is reprocessing because factual disputes remain; and that an award of nearly $50,000 for attorney fees and costs can’t stand because it was based on determinations that the appellate court reversed.
June 20, 2025
7th Circuit Affirms Defense Verdict, No Attorney Fees In Mining Contract Case

CHICAGO — The Seventh Circuit U.S. Court of Appeals has affirmed a defense verdict in a mining breach of contract case and also agreed that based on the fee-shifting language in the parties’ contract, the defendant is not due attorney fees.
June 20, 2025
Split 9th Circuit Says Walmart Infringed On Artist’s Lamps, Not Photos

SAN FRANCISCO — A partially split Ninth Circuit U.S. Court of Appeals panel issued a mixed opinion in a copyright dispute between an artist and Walmart Inc., with the majority holding that the company infringed on the artist’s copyrighted lamp designs by selling imitations but reversing a California federal jury’s finding that Walmart infringed on the artist’s copyrighted photos of the lamps.
June 20, 2025
South Dakota High Court Remands Lien Case For Award Of Attorney Fees

PIERRE, S.D. — The South Dakota Supreme Court has reversed a trial court’s denial of attorney fees in a mason’s mechanic’s lien case and remanded the issue for reconsideration of the prevailing party’s attorney fee motion.
June 19, 2025
$7.5 Million Settlement Of Digital Pharmacy Data Breach Class Action Approved

OAKLAND, Calif. — Almost seven months after preliminarily approving a $7.5 million settlement of a class action over a 2023 data breach experienced by PostMeds Inc., a California federal judge made his approval final, granting a motion by the plaintiffs in the consolidated lawsuit, while also giving his thumbs up to requests for attorney fees, costs and service awards.
June 19, 2025
Attorney Fees, Costs Awarded In Acura Bluetooth Settlement As Honda Appeals

OAKLAND, Calif. — A federal judge in California issued final approval order and judgment after a settlement was reached between consumers in four states and American Honda Motor Co. Inc. in a class case alleging defective HandsFreeLink (HFL) Bluetooth systems in certain Acura vehicles that cause excessive electric drain, approving more than $9.5 million in attorney fees and costs while the total value of claims is estimated to be less than $540,000.
June 17, 2025
Split West Virginia Court Reverses Ruling On Insurer’s Setoff In Fire Coverage Row

CHARLESTON, W. Va. — In a dispute over fire damage coverage regarding alleged arson and fraud, a split West Virginia appellate court reversed and remanded a lower court’s ruling that denied the homeowners insurer with a setoff for contractual damages by the amount paid by the insurer to satisfy the homeowners’ mortgage, finding that the insurer preserved its right for a setoff.
June 17, 2025
$5.25 Million Settlement Approved In Recruiter Misclassification Class Case

SAN FRANCISCO — A federal judge in California granted final approval of a $5.25 million nonreversionary class settlement in a lawsuit alleging systemic misclassification of recruiters as exempt employees and granted in part a motion for attorney fees, costs and a service award.
June 17, 2025
Nevada Supreme Court Affirms Accounting Malpractice Ruling, Defense Attorney Fees

CARSON CITY, Nev. — The Nevada Supreme Court has affirmed trial court rulings that an accounting firm’s client’s malpractice claim was time-barred and that the accounting firm was properly granted attorney fees due to the client’s rejection of a settlement offer.
June 17, 2025
5th Circuit Affirms Attorney Fee Rulings In Chapter 7 Bankruptcy

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals ruled that a Texas federal bankruptcy court did not abuse its discretion in awarding general counsel its fee request or in approving a modified flat fee request by special appellate counsel in a pro se debtor’s Chapter 7 case.
June 16, 2025
Nevada High Court Affirms Attorney Fee Awards To Firm That Took Over Case

CARSON CITY, Nev. — The Nevada Supreme Court has affirmed and the imposition of $268,675 in attorney fees and costs to the law firm that eventually took over and settled a personal injury, finding that the court did not abuse its discretion in awarding fees to the firm as the prevailing party.
June 13, 2025
ERISA Suit Over Allegedly Underperforming Target Date Funds Settles For $69M

MINNEAPOLIS — A $69 million deal that the class representative called “the largest-ever ERISA settlement alleging breach of fiduciary duty for failure to remove underperforming investment options” has been granted final approval, a text-only June 13 docket entry in Minnesota federal court shows.
June 13, 2025
Attorney Fees Presumed For ‘Right To Know’ Claimants, Montana Supreme Court Says

HELENA, Mont. — The Montana Supreme Court vacated and remanded a lower court’s denial of attorney fees to an environmental nonprofit, holding in a divided ruling that citizens who successfully assert their constitutional “right to know” are entitled to a presumption toward an award of litigation costs and fees.
June 12, 2025
Data Breach Class Action Against Biotech Firm Settles For $7.5 Million

CENTRAL ISLIP, N.Y. — Four months after preliminarily approving a $7.5 million settlement of a consolidated class action over a 2023 data breach experienced by a biotech firm, a New York federal magistrate judge granted final approval to the settlement, which provides for up to $10,000 in out-of-pocket reimbursements for class members.
June 12, 2025
Judge Adopts Recommendation To Award GEICO Attorney Fees In No-Fault Fraud Dispute

TAMPA, Fla. — A Florida federal judge adopted in full a magistrate judge’s report and recommendation advising that the court grant GEICO’s motion for attorney fees in a case where the court previously entered a $690,251.44 judgment for the insurer in its suit against a health care clinic and related parties for allegedly submitting fraudulent no-fault insurance charges.
June 11, 2025
Revised, Reduced Attorney Fees Award In CPK Data Breach Suit Approved

SANTA ANA, Calif. — After an initial attorney fees award of $800,000 was rejected and remanded by the Ninth Circuit U.S. Court of Appeals in a consolidated class action over a data breach experienced by California Pizza Kitchen Inc. (CPK), a California federal judge on June 10 approved a revised fees and costs request, which reduces the original award by more than $500,000.
June 10, 2025
Magistrate Approves $7.25M Settlement Of Patreon Privacy Violation Claims

SAN FRANCISCO — A California federal magistrate judge granted a motion for final approval of a $7.25 million settlement to resolve claims that Patreon Inc. illegally shared its users’ video-viewing data with social media company Meta Platforms Inc., including more than $2.1 million in attorney fees, and rejected as invalid more than 900 opt-outs filed on behalf of class members by a third-party “recovery company.”
June 10, 2025
Judge Won’t Stay Fees Bid Pending Appeal Of LTD Ruling For Claimant

PITTSBURGH — A motion for more than $126,000 in attorney fees will proceed after a Pennsylvania magistrate judge denied an insurer’s request for a stay pending resolution of its appeal of a summary judgment ruling in favor of a physician who successfully challenged denial of her claim for long-term disability (LTD) benefits.
June 10, 2025
Class Definitions Are Focus Of Reconsideration Bid After Judgment In Benefits Row

PHILADELPHIA — A Pennsylvania federal judge who after a bench trial entered final judgment in favor of plaintiffs and awarded class counsel $9,149,204.25 in attorney fees has been asked to reconsider what the defendants argue was improper expansion of class definitions; the Employee Retirement Income Security Act dispute centers on corporate restructuring that affected retirement benefits.
June 09, 2025
Insurer’s Motion To Compel Granted In Row Over Coverage For Underlying FCA Suit

BUFFALO, N.Y. — A New York federal magistrate judge granted an insurer’s motion to compel discovery in a dispute over whether its insureds are entitled to coverage in an underlying qui tam suit alleging violations of the federal False Claims Act (FCA) regarding Medicare fraud, finding in part that the policyholders’ argument that the motion is barred by delay lacks “merit.”
June 06, 2025
Federal Judge: District Court Does Not Have Jurisdiction To Enforce Remand Order

BAY CITY, Mich. — A motion to enforce a remand order filed by a group of farmers was denied in a Michigan federal court in a crop insurance dispute involving a dry-bean revenue endorsement (DBRE), after the judge ruled that the court did not retain jurisdiction when the litigation was remanded and said that the farmers must file a new case under Administrative Procedures Act (APA) to continue proceedings.
June 06, 2025
Alaska High Court OKs Attorney Fees In Failed Debt Collection Cases

ANCHORAGE, Alaska — The Alaska Supreme Court has affirmed judgment for three credit card holders in small-amount purchased debt collection cases and affirmed varying attorney fee awards for all three consumers for violation of the state’s unfair trade/consumer protection law by the collection agency.
June 05, 2025
$4.95M Deal Gets Final OK In ERISA Tobacco Surcharge Suit That Preceded Wave

SPRINGFIELD, Mo. — A Missouri federal judge has granted final approval to the $4.95 million class settlement of a suit that was filed months before a recent wave of similar Employee Retirement Income Security Act challenges to health plans’ tobacco surcharges; the named plaintiff said the total represents “approximately 35% of the tobacco surcharges at issue in the full, six-year look-back window.”
June 04, 2025
Judgment Amended To Add Over $10M In Prejudgment Interest In Insurers’ ACA Dispute

WASHINGTON, D.C. — A federal judge issued an order granting objecting members of nondispute subclasses’ motion to amend a judgment to include prejudgment interest in a risk-corridor payment class action dispute under the Patient Protection and Affordable Care Act (ACA), finding that the equitable award should be based upon the common fund escrow account rate.
June 04, 2025
Valve’s Patent Validity Suit Stayed While Defendants’ Counsel Seek Payment

SEATTLE — A Washington federal judge issued a 45-day stay of video game company Valve Corp.’s complaint against a man the company accuses of being a “patent troll,” entities he controls and others while the defendants seek new counsel and the court mulls the defendants’ current counsel’s motion to withdraw from the case for lack of payment.