In Black v. Mantei & Associates, Ltd.. No. 24-1439 (4th Cir. July 30, 2025), the Fourth Circuit holds that the fee-shifting provision applicable to removal petitions, 28 U.S.C. § 1447(c), does not authorize – let alone mandate – attorney’s fees for defending an award of attorney’s fees on appeal, rejecting decisions in the Seventh CircuitContinue reading “Fourth Circuit Splits with Seventh Circuit in Holding That a Court May Not Award Appellate Attorney’s Fees Under 28 U.S.C. § 1447(c)”
Tag Archives: Attorney's Fees
Attorney’s Fee Award Only Became Final When the District Court “Quantifi[ed]” It, Leading to Partial Dismissal of Appeal by Eighth Circuit
In Deering v. Lockheed Martin Corp., No. 23-2853 (8th Cir. Sept. 17, 2024), the Eighth Circuit dismisses in part an appeal of sanctions against an employment-discrimination plaintiff because she filed the notice of appeal before the judge below calculated the attorney’s fees, then failed to amend the notice to appeal the fee award. According toContinue reading “Attorney’s Fee Award Only Became Final When the District Court “Quantifi[ed]” It, Leading to Partial Dismissal of Appeal by Eighth Circuit”
Defendant’s “Strategic Decision” to Withhold Challenge to Diversity Jurisdiction for Fifteen Months Warrants $62,556 Attorney’s Fee Sanction Under Court’s Inherent Powers
In J.C. Penney Corporation, Inc. v. Oxford Mall, LLC, No. 22-12461 (11th Cir. May 1, 2024), the Eleventh Circuit affirms in full an attorney’s fee sanction, awarded against a defendant that was found to have withheld information for fifteen months that the parties were not diverse for purposes of 28 U.S.C. § 1332 subject-matter jurisdiction.Continue reading “Defendant’s “Strategic Decision” to Withhold Challenge to Diversity Jurisdiction for Fifteen Months Warrants $62,556 Attorney’s Fee Sanction Under Court’s Inherent Powers”
Seventh Circuit Notes Important Difference Between Rejected Fed. R. Civ. P 68 Offer and Non-Rule 68 Settlement Offer in Determining Reasonable Attorney’s Fee
In Cooper v. Retrieval Masters Creditors, No. 18-2358 (7th Cir. July 29, 2022), the Seventh Circuit vacates and remands an attorney’s fee award that was improperly reduced in a Fair Debt Collection Practices Act (FDCPA) case in reliance on a rejected, non-Rule 68 settlement offer in a mediation. “In February 2016, defendant Retrieval‐Masters Creditors BureauContinue reading “Seventh Circuit Notes Important Difference Between Rejected Fed. R. Civ. P 68 Offer and Non-Rule 68 Settlement Offer in Determining Reasonable Attorney’s Fee”
Class Counsel Incurs Seventh Circuit Criticism for Calling Objector’s Counsel A “Notorious Professional Objector” in a Brief
In Petri v. Stericycle, Inc. No. 20-2055 (7th Cir. May 19, 2022), the Seventh Circuit vacates and remands a 25% class-action fee award in a securities case, ordering reconsideration of evidence that lead class counsel benefitted from prior litigation and other factors, and—in a parting shot—criticizes lead counsel for going after the objector’s lawyer individuallyContinue reading “Class Counsel Incurs Seventh Circuit Criticism for Calling Objector’s Counsel A “Notorious Professional Objector” in a Brief”
No Interlocutory Appeal of Interim Fee Award Paid Directly by Defendant, Holds Ninth Circuit
In AdTrader Inc. v. Google LLC, No. 20-15542 (9th Cir. July 30, 2021), the Ninth Circuit holds that an interim award of fees in a class action that is paid by the defendant, rather than through a common fund, is not subject to an interlocutory appeal. Google LLC runs advertising platforms for digital ads, andContinue reading “No Interlocutory Appeal of Interim Fee Award Paid Directly by Defendant, Holds Ninth Circuit”
Opening a Trap for the Unwary, the Eighth Circuit Holds That the Fourteen-Day Period to File a Fee Petition Under Fed. R. Civ. P. 54 Applies to Preliminary Injunctions
In Spirit Lake Tribe v. Jaeger, No. 20-2142 (8th Cir. July 16, 2021), the Eighth Circuit holds that a fee petition for work performed on a preliminary injunction must be submitted within 14 days of the interlocutory order, rather than waiting until the final judgment, contrary to the Advisory Committee Note’s commentary. “The plaintiffs suedContinue reading “Opening a Trap for the Unwary, the Eighth Circuit Holds That the Fourteen-Day Period to File a Fee Petition Under Fed. R. Civ. P. 54 Applies to Preliminary Injunctions”
District Court Had Ancillary Enforcement Jurisdiction to Enforce Attorney’s Lien in Post-Judgment Proceeding, Holds First Circuit
In Butt v. United Brotherhood, No. 18-2272 (3d Cir. June 8, 2021), the First Circuit holds that the district court maintained subject matter jurisdiction to adjudicate a fee dispute between a pair of lawyers who represented three women in an employment discrimination lawsuit. Attorney Paddick represented plaintiffs (the Clients) on a 40% contingency fee throughContinue reading “District Court Had Ancillary Enforcement Jurisdiction to Enforce Attorney’s Lien in Post-Judgment Proceeding, Holds First Circuit”
Ninth Circuit Holds That Filing of Fee Petition Under Lanham Act Does Not Toll Period for Filing Notice of Appeal, Splitting with the Seventh Circuit
In Nutrition Distribution LLC V. IronMag Labs, LLC, No. 19-55251 (9th Cir. Aug. 25, 2020), the Ninth Circuit decides – as a matter of first impression for that court – that the filing of a fee petition under Fed. R. Civ. P. 54(d) in a Lanham Act case does not extend the 30-day limitations periodContinue reading “Ninth Circuit Holds That Filing of Fee Petition Under Lanham Act Does Not Toll Period for Filing Notice of Appeal, Splitting with the Seventh Circuit”
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