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4th Circuit chops fees for limited success
A federal appeals court has underscored its insistence that attorneys’ fee awards take into account just how far short of the target a plaintiff’s arrow falls. Judges must compare the amount of damages sought to the amount awarded, the 4th U.S. Circuit Court of Appeals emphasized in a federal Fair Labor Standards Act class action […]
Court says board must hear fee dispute
A Lexington attorney who filed a collection action against a client in circuit court didn’t waive her right to have the state bar settle a dispute over the underlying fee, the South Carolina Court of Appeals has ruled. Lisa Moore retained Jean Derrick to represent her in a family court matter in 2011. They signed […]
Malpractice suit over fee agreement dismissed
It’s not every day that you see a judge support a legal conclusion by citing Shakespeare’s “King Lear,” but one South Carolina Court of Appeals judge was unusually pointed in his language—sharper than a serpent’s tooth, one might say—while affirming a lower court’s ruling dismissing a lawsuit brought against a quartet of attorneys in the […]
Appellate filing fees hiked
The South Carolina Supreme Court has raised some of the filing fees in the appellate courts for the first time in decades. The filing fees for filing a notice of appeal and for filing a petition for a writ of certiorari have been increased from $100 to $250. The fee for filing motions in the […]
Former S.C. attorney can pursue Minn. firm over fee split
A former Greenville attorney will be able to move ahead with his lawsuit against a Minnesota law firm alleging that the firm interfered with his ability to collect fees he was owed from a case that settled years after he quit practicing. David Flowers of Greenville placed himself on inactive status with the South […]
IRS ordered to pay $61K to disbarred SC lawyer
The IRS has been ordered to pay more than $61,000 in attorneys’ fees to a disbarred South Carolina lawyer who operates a tax advisory firm that caters to American expats. “They gave us every dime we asked for,” said James Sexton’s attorney, Desa Ballard of Ballard & Watson in West Columbia. She had argued that […]
$2 million plus in fees
Two South Carolina agencies have spent nearly 15 years and millions of dollars fighting a disabled woman’s request for social services. So far, the agencies have lost three times at the 4th U.S. Circuit Court of Appeals and once at the South Carolina Supreme Court while racking up millions in legal fees and costs. The […]
Attorneys – Fees – Reasonable Rate – Intellectual Property – Contempt Proceedings – South Carolina Forum – Boston Attorneys – Intellectual Property
Nutramax Laboratories, Inc. v. Manna Pro Products, LLC (Lawyers Weekly No. 002-114-17, 27 pp.) (J. Michelle Childs, J.) 0:16-cv-01255; D.S.C. Holding: When intellectual property lawyers litigate contempt proceedings, they are entitled to recover at the rate of general litigation attorneys, not at their regular rates. In any event, plaintiff’s attorneys have not shown what a […]
Attorneys – Fees – State Action Statute – Senators – Legislative Immunity
South Carolina Public Interest Foundation v. Courson (Lawyers Weekly No. 011-033-17, 6 pp.) (Thomas Huff, J.) Appealed from Richland County Circuit Court (G. Thomas Cooper Jr., J.) S.C. App. Holding: Plaintiffs were successful in having certain legislation (Act 17) declared unconstitutional. Where the state action statute, S.C. Code Ann. § 15-77-300, speaks in terms of […]
Trusts & Estates – Personal Representative – Fees – Estate Division – Attorney’s Fees
In re Estate of Kay (Sullivan v. Brown) (Lawyers Weekly No. 011-094-16, 18 pp.) (H. Bruce Williams, J.) (John Few, A.J.) Appealed from Laurens County (Donald Hocker, Probate Court Judge & Frank Addy Jr., Circuit Court Judge) Substituted opinion. S.C. App. Holding: Despite the will’s promise of “reasonable compensation” and despite a disagreement among the […]
4 ways to approach a fee-reduction demand
BOSTON, MA — Your client says, “Give me a 10 percent discount — or else.” What do you do? To put it simply: “else.” Clients who ask for a fee reduction don’t really understand how the issue of representation should be framed. The issue is not really so much what your fee is — that […]
Settlement sidesteps question of profit-driven prosecution
One of the world’s largest pharmaceutical companies was slated to challenge South Carolina Attorney General Alan Wilson in the state Supreme Court a few weeks ago. The dispute centered on allegations of overzealous, profit-driven prosecution under the state’s Unfair Trade Practices Act. But the matter vanished from the court’s calendar following a last minute, multimillion-dollar […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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