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District court finds class action waiver clauses in employment agreements are permissible under FINRA Rules 13204(a) and (b)
  • Hinshaw & Culbertson LLP
  • USA
  • December 6 2012

On December 4, 2012, in Cohen v. UBS Financial Services, Inc., et al, 12-CIV-2147 ("Cohen"), the United States District Court for the Southern District of New York addressed whether Rules 13204(a) and (b) of the FINRA Code of Arbitration Procedure precluded enforcement of class action waiver clauses in arbitration agreements with financial advisors


Offset required for attorney fee award in social security case
  • Hinshaw & Culbertson LLP
  • USA
  • December 5 2012

In Parrish v. Commissioner of Social Security Administration, 2012 DJDAR 15223 (2012), the U.S. Court of Appeal for the Ninth Circuit decided a unique attorney fee case arising out of a dispute relating to the claimant’s eligibility for Social Security benefits


Magistrate judge abuses discretion by applying "de facto" cap for attorney fee award
  • Hinshaw & Culbertson LLP
  • USA
  • October 29 2012

In Costa v. Commissioner of Social Security Administration, 2012 DJDAR 11807 (2012), the U.S. Court of Appeals for the Ninth Circuit decided that “individual attention must be given to each case” involving attorney fee awards under the Equal Access to Justice Act (EAJA


Can a plaintiff evade CAFA's jurisdictional threshold by stipulating to the amount of damages the plaintiff will seek on behalf of the class?
  • Hinshaw & Culbertson LLP
  • USA
  • October 30 2012

On August 31, 2012, the United States Supreme Court granted review in Standard Fire Ins. Co. v. Knowles


Fee award is proper for tenant who defeats landlord's fraud claim
  • Hinshaw & Culbertson LLP
  • USA
  • October 30 2012

In Zintel Holdings LLC v. McLean, 2012 DJDAR 13133 (2012), the California Court of Appeal for the Second Appellate District decided an interesting landlordtenant case involving an attorney fee award


Written fee agreement is not required for ordinary probate work
  • Hinshaw & Culbertson LLP
  • USA
  • September 18 2012

In Estate of Wong, 2012 DJDAR 8873 (2012), the California Court of Appeal for the First Appellate District decided an interesting attorney fee case dealing with the interplay of the Probate Code and Business and Professions (“B&P”) Code Section 6148


County Counsel is eligible to recover "costs" but not "attorney fees" in bail bond forfeiture matter
  • Hinshaw & Culbertson LLP
  • USA
  • December 4 2012

In People v. United States Fire Insurance Co., 2012 DJDAR 15367 (2012), the California Court of Appeal for the Fifth Appellate District declined to award fees to county counsel in proceedings arising out of bail bond forfeiture proceedings


Two California appellate court decisions vacate forfeiture of bail bonds
  • Hinshaw & Culbertson LLP
  • USA
  • February 6 2013

Two recent decisions by California Courts of Appeal reversed trial court rulings which denied surety company motions to vacate the forfeiture of bail


HP Inkjet Printer Litigation: fee award fails to comply with provisions of the Class Action Fairness Act
  • Hinshaw & Culbertson LLP
  • USA
  • 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


Prevailing employer is entitled to fee award
  • Hinshaw & Culbertson LLP
  • USA
  • November 2 2012

In Aleman v. AirTouch Cellular, 2012 DJDAR 13269 (2012), the California Court of Appeal for the Second Appellate District reexamined the denial of an attorney fee award based on the recently decided California Supreme Court decision in Kirby v. Immoos Fire Protection Inc., 53 Cal. 4th 1244 (2012) (discussed here