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HP Inkjet Printer Litigation: fee award fails to comply with provisions of the Class Action Fairness Act

Barger & Wolen LLP
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USA
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May 28 2013

In In re: HP Inkjet Printer Litigation, 2013 DJDAR 6149 (2013) the Ninth Circuit Court of Appeals reversed the approval of an attorney's fee award

California Supreme Court allows "continuous accrual" doctrine to avoid statute of limitations for "unfair" UCL claim

Barger & Wolen LLP
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USA
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January 24 2013

Seeking to clarify the extent to which the four-year statute of limitations applies to claims under the Unfair Competition Law, Business &

Finding that an anti-SLAPP motion is frivolous justifies fee award

Barger & Wolen LLP
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USA
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October 26 2010

In Baharian-Mehr v. Glenn Smith, et. al. 2010 DJDAR 15946 (2010) the Fourth District of the California Court of Appeal, held that the special motion to strike procedure set forth in CCP 425.16 was not applicable to a business dispute

There can only be one prevailing party under Civil Code Section 1717

Barger & Wolen LLP
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USA
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June 6 2012

In Frog Creek Partners LLC v. Vance Brown Inc., 2012 DJDAR 6905 (2012), the California Court of Appeal for the First Appellate District decided a novel prevailing party case under Civil Code Section 1717

Crowdsourced workers: are they employees or independent contractors?

Barger & Wolen LLP
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USA
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March 18 2013

What happens when modern innovations in the workforce (made possible by the advent of the internet) collide with traditional concepts of employment

Court interprets settlement agreement to allow for fee recovery

Barger & Wolen LLP
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USA
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May 28 2013

In Khavarian Enterprises Inc. v. Commline Inc.,2013 DJDAR 6107 (2013) the California Court of Appeal for the Second Appellate District overruled the

Unfair Competition Law cases still occupy numerous spaces on the California Supreme Court's docket

Barger & Wolen LLP
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USA
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February 4 2010

In November 2004, the voters of California passed Proposition 64, which was intended to rein in certain abuses in and bring some clarity to the Unfair Competition Law, California Business & Professions Code sections 17200 et. seq. (“the UCL”

"Principal place of business" defined by Supreme Court in Hertz Corp vs. Melinda Friend

Barger & Wolen LLP
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USA
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February 23 2010

In a decision closely watched by multi-state corporations, including those in the insurance industry, the U.S. Supreme Court ruled today that a company’s “principal place of business” is where “a corporation’s officers direct, control, and coordinate the corporation’s activities.”

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

Barger & Wolen LLP
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USA
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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

Assignee may pursue claim for indemnification for unreimbursed counsel fees

Barger & Wolen LLP
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USA
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February 1 2011

In Searles Valley Minerals Operations Inc. v Ralph M. Parson Service Co., 2011 DJDAR 1193 (2011), the Fourth District Court of Appeal decided an interesting contract indemnity case dealing with a fee award

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