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2010AP1468 Falk v. Droegkamp Sales & Services Inc.
Property Landlord-tenant; attorney fees; prevailing party
2010AP2384 In re the marriage of: Callen v. Callen
Family Child support; gross income; attorney fees
2010AP817 In re the estate of Margaret J. Elegreet
Trusts and Estates Attorney fees; personal representative fees
10-114 Fox v. Vice
Civil Rights Attorney fees; frivolous claims When a plaintiff’s suit involves both frivolous and non-frivolous claims, a court may grant reasonable fees to the defendant, but only for costs that the defendant would not have incurred but for the frivolous claims. Congress’s purpose in enacting §1988—to relieve defendants of the burdens associated with fending off […]
10-3957, 10-3965 & 11-1016 NRA v. City of Chicago
Civil Rights Attorney fees; prevailing party Litigants who prevailed in the U.S. Supreme Court are prevailing parties entitled to attorney fees, even if the defendants repealed the unconstitutional statutes before the district court could order them to on remand. “The municipalities insist that the Supreme Court’s decision addressed only ‘a preliminary legal issue that did […]
10-3454 Bassett v. Astrue
Public Health Disability benefits; attorney fees Where the precise date when a disability benefits applicant became eligible is debatable, the applicant is not entitled to attorney fees incurred in successfully establishing an eligibility date. “We do not think that Chief Judge McCuskey abused his discretion when he decided that the commissioner’s position in Bassett’s case […]
2010AP2550-FT In re the finding of contempt in In re the Estate of William R. Cape
Civil Procedure Contempt; attorney fees Christopher C. Cape appeals from a judgment and order finding him in contempt of court and assessing attorney fees, costs and interest. The trial court found that, despite a clear order by the court to promptly execute and deliver certain documents so that 110.806 acres of land could be partitioned, […]
10-1061 & 10-2749 Huss v. IBM Medical & Dental Plan
ERISA Attorney fees Where an insured obtains some success in suing an ERISA plan for denial of benefits, but may not ultimately prevail, the district court’s award of attorney fees is vacated pending reconsideration on remand. “We would be hesitant to conclude that the Defendants’ position, though unsuccessful in significant part, was so indefensible as […]
2010AP1668 Dresler v. Wozniak
Property Landlord-tenant; attorney fees Dennis Dresler appeals from a small claims judgment in favor of James and Carolyn Wozniak. Dresler challenges both the circuit court’s dismissal of his claim for damaged carpet and the court’s determination that he was only entitled to prorated rent for the month of August. We reject Dresler’s arguments and affirm. […]
08-2257, 08-3979 & 08-4176 HyperQuest, Inc. v. N’Site Solutions, Inc.
Copyright Attorney fees The prevailing party in a copyright action was properly awarded attorney fees, although the suit was filed in good faith. “HyperQuest acknowledges that it is not easy to overturn an award of fees. It asserts, however, that the award is tainted by legal error: the district court, it says, applied an irrebuttable […]
10-1154 In re: Trans Union Corp. Privacy Litigation
Civil Procedure Class actions; attorney fees The special master in a class action arbitrarily reduced attorney’s fees. “The 12 percent figure was plucked out of a hat, and a hat with three holes in it: the unresolved comparison with securities class actions, the arbitrary reduction in attorneys’ fees for the nonpecuniary relief, and the perfunctory […]
2010AP823 In re the award of attorney fees: Kauffmann v. Volkswagen Group of America Inc., et al.
Consumer Protection Lemon Law; attorney fees This case involves a challenge to the circuit court’s award of attorney’s fees. The appellant, Mark A. Kauffmann, argues that the circuit court erred by not determining that he was the prevailing party and by not awarding him one-hundred percent of his attorney’s fees. We conclude, however, that the […]
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