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Primarily news stories and digests that focus on legal fee disputes, both from a substantive perspective about how courts will interpret, but also focused on big firms and lawyers and figures embroiled in fee disputes.
By Deborah Koplovitz and Andrew B. Freedland | September 7, 2023
This article discusses a recent case filed by a condominium unit owner that touches on concerns related to the use of outdoor space associated with a cooperative or condominium apartment, such as who actually owns the space and if costs associated with the use of outdoor space can be charged.
5 minute read
By Allison Dunn | September 6, 2023
"We disagree that the prenuptial agreement is invalid on its face—i.e., we disagree that the prenuptial agreement is categorically unenforceable under any and all circumstances. We also disagree that the prenuptial agreement is unenforceable under the circumstances presented in this particular case," the appeals court wrote.
6 minute read
By Amanda Bronstad | September 6, 2023
In a Tuesday brief, co-lead counsel R. Jason Richards asked the U.S. Court of Appeals for the Eleventh Circuit to consider en banc review of the incentive awards denied in the Johnson & Johnson sunscreen settlement.
4 minute read
By Amanda O'Brien | September 1, 2023
A three-judge panel agreed with the trial court that attorney Richard DeMarco, who brought a personal injury case to the firm, had no right to a fee. Elliott Greenleaf ultimately referred the case to Saltz Mongeluzzi & Bendesky, which secured a $71 million settlement.
3 minute read
By Alan Feigenbaum | September 1, 2023
In a New York divorce, who pays for sorority expenses? We can look to Judge Sondra Mendelson-Toscano's decision in C.A.B. v. D.S.B. for guidance. The focus of this article will be the mother's request in C.A.B. to hold the father responsible for reimbursing her with his pro rata share of their daughter's sorority costs.
6 minute read
By Efrem Z. Fischer | August 28, 2023
In a commercial lease dispute, the landlord will almost always insist on recouping every single dollar of late fees, as provided for in the lease,…
9 minute read
By Amanda Bronstad | August 25, 2023
The U.S. Court of Appeals for the Ninth Circuit, on Thursday, upheld common benefit fee assessments against settlements reached outside the Bard IVC filter multidistrict litigation by plaintiffs' attorney Ben Martin.
5 minute read
By Colleen Murphy | August 22, 2023
"The partner testified he billed the plan and later sued defendant without ever reading its reimbursement terms," the per curiam opinion, by Judges Heidi Willis Currier and Hany A. Mawla, said. "He conceded the plan's terms controlled the reimbursement of his firm's fees, and that plaintiff filed the lawsuit without ever reading the agreement for reimbursement."
4 minute read
By Michael A. Mora | August 21, 2023
"The case presented the issue of whether, under the advocate-witness rule, a trial judge may disqualify an attorney from representing his law firm in its libel trial against its client, set to be tried before a jury," the Third District Court of Appeal wrote in the opinion.
4 minute read
By Riley Brennan | August 18, 2023
"If, on remand, the district court determines that the defendants should recover their fees, any such award must include the fees incurred in bringing this appeal. The costs of this appeal are taxed against the appellee," concluded the court, affirming and vacating in part.
5 minute read
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In Memoriam: Richard "Dick" K. DeScherer (1944-2024) We mourn the loss of our friend and former partner and Co-Chairman, Richard "Dick" K. DeScherer. Dick was a member of Willkie Farr & Gallagher LLP for more than 24 years. He was the consummate business lawyer, wonderful colleague and true friend. He joined the Bloomberg organization in 2012, a client for whom he had served as their principal legal advisor since their inception, and later was appointed as a member of their board. Dick's knowledge and experience were unparalleled, as evidenced by appointment to leadership and board positions at numerous well-respected organizations. He was deeply involved in civic and community engagements through his work with the S.L.E. (Lupus) Foundation, Lupus Research Institute, United Hospital Fund of New York, Lincoln Center for the Performing Arts, National Dance institute, and Baryshnikov Dance Foundation, among others. He received an LL.M. in Taxation from New York University in 1970, a J.D. from Georgetown University Law Center in 1969, and a B.A. from the University of Virginia in 1966. He was a member of the American Bar Association, the New York State Bar Association and the Association of the Bar of the City of New York. We offer our sincerest condolences to his family, including his wife Jennie, son Christopher and wife Amanda, daughter Kate, and grandchildren Emmett, Serena, George, Emily and Madeline. We will remember Dick with the utmost respect, admiration and affection. His loss will be felt by his many friends and colleagues at Willkie, and by all those whose lives he touched.
Congratulations to FLB Law's Newest Partner Matthias J. Sportini
Welcome Judge Joseph Quinn (Ret.) The Honorable Joseph P. Quinn, J.S.C., retired New Jersey Superior Court Judge, served for 23 years in the court s Civil, Chancery, and Family Divisions, where he was a strong proponent of mediation and alternate dispute resolution. As the head of Ansell.Law s mediation practice, Judge Quinn provides a valuable resource to parties seeking a final and efficient resolution of their disputes. ANSELL GRIMM & AARON, PC 732-922-1000 https://ansell.law/