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Mealey's Attorney Fees

  • August 18, 2025

    5th Circuit Affirms Discovery Sanctions For Uninformed Deposition Witness

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals has affirmed discovery sanctions, including $31,836.70 in attorney fees, against a Mexican national after the owner of a Texas home where the national lives responded to a deposition notice by sending a sales representative who couldn’t answer questions about the purchase of the home; in a separate but related appeal, the same panel affirmed the trial court’s denial of the national’s motion to quash a subpoena for foreign discovery.

  • August 15, 2025

    2nd Circuit Affirms Co-Ownership Of ‘Zioness’ Mark, Vacates Fee Denial

    NEW YORK — A panel in the Second Circuit U.S. Court of Appeals affirmed a federal jury’s finding that two pro-Zionist advocacy groups were the co-owners of the trademark “Zioness,” holding that sufficient evidence supported a finding that there was overlap of use of the mark before its registration.

  • August 14, 2025

    Insured Appeals, Insurer Seeks Attorney Fees In Coverage Suit Over Fatal Shooting

    GREAT FALLS, Mont. — An insured filed a notice of appeal of a Montana federal court’s finding that a liquor liability insurance policy’s Absolute Firearms Exclusion bars coverage for an underlying negligence action arising from a fatal shooting at the insured’s bar the same day the insurer moved for attorney fees incurred in the underlying action.

  • August 14, 2025

    Texas Federal Judge Rejects Fees For Microsoft After Patent Judgment

    AUSTIN, Texas — A federal judge in Texas denied Microsoft Corp.’s motion for attorney fees in a patent infringement suit filed against it, despite a federal magistrate judge’s recommendation that Microsoft’s motion be partially granted; the judge disagreed with the magistrate judge’s assessment that the plaintiff company’s post-discovery conduct did not justify finding that the case was “exceptional.”

  • August 13, 2025

    $299,000 Class Deal Wins Final OK In ERISA Row Over Plan’s Tobacco Surcharge

    CHICAGO — Resolving an Employee Retirement Income Security Act suit over annual $1,152 surcharges imposed on about 431 health plan participants who use tobacco, an Illinois federal judge on Aug. 12 gave final approval to a $299,000 class settlement and made awards in the amounts requested, including $99,666.67 for attorney fees and a $5,000 case contribution award.

  • August 13, 2025

    Judge Trims Fees, Service Awards In $7.15M Class Settlement Of ERISA Case

    BOSTON — With a Massachusetts federal judge granting final approval, an Employee Retirement Income Security Act lawsuit over a profit sharing plan settled on a class basis for $7.15 million with a reported average gross recovery of $89,000; however, the judge awarded reduced attorney fees and service awards.

  • August 11, 2025

    Split 5th Circuit Affirms Fee Denial To Game Makers In Wrestler’s Copyright Suit

    NEW ORLEANS — A split Fifth Circuit U.S. Court of Appeals panel disagreed on whether a retired professional wrestler’s copyright infringement suit against several video game companies was objectively unreasonable, with the majority ultimately determining that a Texas federal judge did not abuse discretion in denying attorney fees to the gaming entities after a jury found no infringement of the wrestler’s comic book character by the game makers.

  • August 11, 2025

    $6.9M Settlement Gets Final OK In ERISA Imprudence Row Over Fees And Funds

    CHICAGO — An Illinois federal magistrate judge granted final approval to a $6.9 million class settlement of an Employee Retirement Income Security Act suit involving recordkeeping fees and proprietary target date funds (TDFs); according to retirement plan participants, the gross amount is “approximately 12% to 38% of damages” estimated by their expert.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.”

  • 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.

  • 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.

  • 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.

  • 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.

  • 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).

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.