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Insurer's denial of business interruption claim, since there was no "accidental direct physical loss," affirmed by California Court of Appeal

  • Barger & Wolen LLP
  • -
  • USA
  • -
  • August 25 2010

On August 4, 2010, the California Court of Appeal for the Second Appellate District affirmed a summary judgment in favor of State Farm in connection with the insurer’s denial of a claim under a first party business interruption policy (MRI Healthcare Center v. State Farm General Insurance Company

Award of attorney fees under the automobile sale finance act upheld by court of appeal

  • Barger & Wolen LLP
  • -
  • USA
  • -
  • July 20 2010

In Nelson v. Pearson Ford Co., D054369 (July 15, 2010), the Fourth Appellate District upheld the trial court’s judgment awarding attorney fees to plaintiff class representative under the Automobile Sale Finance Act (“ASFA”), and denied costs to defendant in its claim under California Code of Civil Procedure Section 998

For better or for worse, court finds joint 998 offer to husband and wife sufficient basis for expert witness fees and costs award

  • Barger & Wolen LLP
  • -
  • USA
  • -
  • May 1 2012

In Farag v. ArvinMeritor Inc., 2012 DJDAR 5206 (April 24, 20120), the California Court of Appeal for the Second Appellate District affirmed a post-judgment order denying plaintiffs’ motion to tax expert witness costs

District court doesn't 'like' Facebook in fee award decision

  • Barger & Wolen LLP
  • -
  • USA
  • -
  • April 26 2012

In Cohen v. Facebook, Inc., (April 10, 2012), the U.S. District Court for the Northern District of California denied defendant’s request for attorneys fees under a statutory fee-shifting provision