Mealey's Attorney Fees
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August 08, 2025
Sanctions, Judgment For Probate Lawyers’ Discovery Failings Affirmed By Panel
HOUSTON — A Texas appeals court panel found that two lawyers’ repeated objections to a probate court’s jurisdiction were “a transparent attempt to avoid even basic discovery regarding the merits,” leading the panel to affirm the lower court's “death penalty” sanctions that resulted in the striking of pleadings and entry of default judgment against the attorneys in a dispute over a $10 million fee retention for a property sale under a contingency fee agreement in violation of a restraining order.
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August 08, 2025
Kanye West Says More Sanctions Not Needed In Copyright Infringement Suit
LOS ANGELES — Kanye West tells a California federal court that further sanctions are unnecessary in a copyright infringement suit involving accusations he lifted samples for songs on his album “Donda,” disagreeing with an artist revenue entity’s assertion that a deposition shows that West and business entities associated with him had made false statements about discovery to the court.
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August 07, 2025
5th Circuit Affirms Attorney Fee, Cost Award, Garnishment In FLSA Case
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals has affirmed a $188,164 attorney fee and cost award in consolidated wage lawsuits against a home health care provider, finding that the award was reasonable, that the trial court did not err in granting the plaintiffs’ motion for garnishment and that the defendant’s due process rights were not violated by the fee award.
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August 07, 2025
6th Circuit Makes First Impression Ruling On Remedy In Withdrawal Liability Row
CINCINNATI — Deciding a dispute it said involves “a matter of first impression,” the Sixth Circuit U.S. Court of Appeals on Aug. 6 affirmed a ruling that upheld both an arbitrator’s conclusion that an actuary’s withdrawal liability estimate violated the Employee Retirement Income Security Act because it was not his “best estimate” and the arbitrator’s remedy, then declined to award attorney fees for the appeal.
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August 07, 2025
Judge Approves $6.8 Million Settlement Of Rite Aid Data Breach Class Action
PHILADELPHIA — A $6.8 million settlement of a consolidated class action over a 2024 data breach experienced by Rite Aid Corp. satisfied the requirements of Federal Rule of Civil Procedure 23 and relevant case law, a Pennsylvania federal judge found, granting final approval to the settlement as well as to the plaintiffs’ requests for attorney fees, costs and service awards.
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August 06, 2025
$8.2M Class Settlement Gets Final OK In ERISA Case Involving Target Date Funds
ALLENTOWN, Pa. — An Employee Retirement Income Security Act retirement plan case over the inclusion of Northern Trust target date funds (TDFs) and other purported pension benefit plan mismanagement has been closed after a Pennsylvania federal judge granted final approval to an $8.2 million class settlement.
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August 05, 2025
7th Circuit Highlights Effective Hourly Rate Issue In Attorney Fee Ruling
CHICAGO — In a per curiam opinion concerning a $16,920 attorney fee award in a Social Security disability case, the Seventh Circuit U.S. Court of Appeals ruled that the lower court “largely followed our guidance” from a previous appeal but “abused its discretion” by not adequately explaining why it concluded that the “effective hourly rate was too high.”
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August 05, 2025
Montana High Court Affirms Ruling For Neighbors, Denial Of Attorney Fees
HELENA, Mont. — The Montana Supreme Court affirmed a trial court ruling that the short-term rental of a property violated a restrictive covenant against commercial use and the lower court’s denial of attorney fees to the neighbors who were granted summary judgment, finding that the lower court did not abuse its discretion in not awarding attorney fees to the prevailing party.
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August 04, 2025
7th Circuit Rules Termination Notice Sufficient In Withdrawal Liability Row
CHICAGO — Ruling in part that an employer provided sufficient notice that it was terminating a collective bargaining agreement (CBA), the Seventh Circuit U.S. Court of Appeal vacated a $166,350.75 attorney fee award and reversed summary judgment that had been entered against an employer that withdrew from a multiemployer pension plan.
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August 04, 2025
Montana High Court Affirms Dismissal, Fees Sanctions In False Arrest Lawsuit
HELENA, Mont. — The Montana Supreme Court affirmed a discovery sanctions ruling against a man that violated an order of protection (OOP), finding that a trial court’s dismissal of his complaint against an arresting police officer and the assessment of attorney fees against him were supported by state law and were appropriate in light of his failure to comply with a discovery order.
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August 01, 2025
6th Circuit Affirms Attorney Sanctions, Award Of Fees For Frivolous COVID-19 Suit
CINCINNATI — Agreeing with an Ohio federal judge that, among other failings by attorneys representing dance studios challenging the constitutionality of Ohio’s COVID-19 pandemic shutdown orders, a complaint filed by the attorneys was “haphazard” and “littered with factual and legal errors,” a Sixth Circuit U.S. Court of Appeals panel affirmed the judge’s order sanctioning the attorneys and directing them to pay attorney fees and costs to county health officials.
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August 01, 2025
Judge Approves $10 Million Settlement In NFT Securities Class Row With DraftKings
BOSTON — A Massachusetts federal judge issued an order approving a $10 million settlement between parties in a class suit accusing DraftKings Inc. of violating securities laws through its sale of nonfungible tokens (NFTs).
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August 01, 2025
9th Circuit: Advertiser Failed To Show Infringement In Supplement Ad Row
SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel said it saw no errors in a Washington federal judge’s finding that a dietary supplement company did not infringe copyrights held by an advertising company with which it worked or violate the terms of their contract, affirming a grant of summary judgment in the supplement company’s favor.
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August 01, 2025
6th Circuit Affirms Denial Of ‘Fees For Fees’ Motion In ERISA Coverage Row
CINCINNATI — The Sixth Circuit U.S. Court of Appeals issued an unpublished opinion affirming denial of a request to award $75,460 in attorney fees for work that happened in an Employee Retirement Income Security Act coverage dispute over back surgery after the insurer decided during court-ordered reprocessing that it would pay the claim.
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August 01, 2025
7th Circuit Affirms Lawyer Sanction In Case Involving Disputed Painting
CHICAGO — The Seventh Circuit U.S. Court of Appeals has affirmed $2.52 million in sanctions and attorney fees assessed against an attorney who represented two plaintiffs who sought a court declaration that a painting was created by a famous artist, who disclaimed the work as having been done by someone with a similar name, finding that the district court did not abuse its discretion by awarding sanctions after earlier denying the artist’s motion for summary judgment.
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July 31, 2025
7th Circuit Upholds Dismissal, Monetary Sanctions For Software Engineer, Lawyer
CHICAGO — Citing inconsistent testimony and multiplying proceedings in an employment dispute, a Seventh Circuit U.S. Court of Appeals panel affirmed a trial court’s decision to impose sanctions in the form of dismissal, costs and attorney fees against a fired employee of the Chicago Transit Authority (CTA) and his lawyer.
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July 31, 2025
University Of Pittsburgh’s $7.85M Pandemic Closure Class Settlement Approved
PITTSBURGH — The University of Pittsburgh’s $7,850,000 class settlement to end a case by students who sued over the school’s failure to refund tuition and housing, dining and student fees paid for the spring 2020 semester when classes were moved online due to the coronavirus pandemic was granted final approval by a federal judge in Pennsylvania.
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July 31, 2025
2nd Circuit: Adapter’s ‘To Kill A Mockingbird’ Rights Fully Terminated By Author
NEW YORK — A panel in the Second Circuit U.S. Court of Appeals agreed with a New York federal judge that a publishing company’s rights to develop a stage adaptation of Harper Lee’s novel “To Kill a Mockingbird” were fully terminated when Lee served the company with a notice of termination in 2011, rejecting the argument that the company still had rights to stage an adaptation created under an agreement.
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July 28, 2025
Judge Gives Final Approval To $3.57M Similasan Eye Product Class Settlement
DENVER — A federal judge in Colorado has granted final approval to a $3.57 million settlement between the maker of nonprescription health care products and plaintiffs who claim that it sold products without approval from U.S. Food and Drug Administration, noting that nearly 100,000 claim forms have been filed.
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July 24, 2025
$5.9M Settlement Of Class Action Against Former ESOP Trustee Gets Final OK
CHICAGO — An Illinois federal judge granted final approval to a $5.9 million class settlement resolving an Employee Retirement Income Security Act against the former trustee of an employee stock ownership plan (ESOP); according to the named plaintiff, the net settlement averages more than $2,000 per class member.
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July 23, 2025
Judge Awards $98,280 In Attorney Fees For Asbestos Screening Appeal
MISSOULA, Mont. — BNSF Railway Co. is entitled to $98,280 in attorney fees on appeal after prevailing in its case alleging that a medical screening company submitted false claims to a Medicare program for Libby, Mont., residents diagnosed with asbestos-related disease, a Montana federal judge ruled.
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July 22, 2025
Panel Affirms Ruling Denying Attorney Fees To Guaranty Fund In Coverage Row
CHICAGO — An Illinois appellate court affirmed a lower court’s ruling denying a motion for attorney fees and costs filed by the Illinois Insurance Guaranty Fund in a workers’ compensation coverage dispute, agreeing with the lower court’s ruling because neither state law nor the insurance policy provides for awarding attorney fees or costs in this action seeking a declaration of coverage.
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July 22, 2025
State, Federal Suits Over Health Care Firm’s Data Breach Settle For $6.5 Million
ST. LOUIS — A Missouri state court judge granted final approval to an agreement that settles lawsuits against a health management services firm from two state courts and a federal court with a settlement fund of $6.5 million and attorney fees of $2 million.
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July 22, 2025
Judge Approves Injunctive Relief-Only Settlement Of CareFirst Data Breach Suit
WASHINGTON, D.C. — A District of Columbia federal judge granted final approval to a settlement that resolved the lone remaining claim against CareFirst Inc. in a decade-old class action over a 2014 data breach, deeming the agreement, which provides only injunctive relief for the consolidated class, “fair, reasonable, and adequate.”
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July 21, 2025
7th Circuit Reverses Summary Judgment In ERISA Delinquent Contributions Row
ST. LOUIS — Concluding that there is a genuine dispute regarding an agent’s “intent to be personally bound by the terms of the trust agreement,” the Seventh Circuit U.S. Court of Appeals reversed summary judgment against the sole member of a dissolved company in a multiemployer plan Employee Retirement Income Security Act case, also vacating an associated award of attorney fees.