Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.
Showing posts with label attorney fees. Show all posts
Showing posts with label attorney fees. Show all posts
Saturday, September 05, 2009
Nebraska Supreme Court rules against sign company that challenged city ordinances that prohibited displaying company's signs once its leases terminated with land owners. Larmar Co. v. City of Fremont, S-08-590, 278 Neb. 485. But the sign company beat a claim for frivolous case penalties because its attorneys were well prepared. "The district court properly concluded that when Lamar’s leases were terminated by their terms, Lamar’s rights with respect to the nonconforming use of the signs were extinguished and remained with the current landowner. Furthermore, Lamar lacked standing to raise its "as applied" and facial challenges to ordinance No. 4032 and the district court was not in error in granting summary judgment in favor of appellees on Lamar’s remaining claims. Further, the district court did not err in denying the cross-appellants’ request for attorney fees."
Labels:
attorney fees,
constitutional law,
landlord tenant,
zoning
Sunday, April 06, 2008
Nebraska Supreme Court resolves tangled fee dispute between Law Offices of Ronald J Palagi and its former associate Steven Howard over a $2 million injury verdict from Phelps County District Court and some other large cases. Nebraska Supreme Court dismisses former associates appeal of the Buffalo County District Court's attorney lien division order {motion to alter or amend judgment to correct clerical errors did not toll 30 day appeal deadline}, affirms division of fees from same large case from Douglas County District Court and award of extra attorney fees for Palagi's untimely payment of a fee bonus to Howard under the Nebraska Wage Payment Collections Act. Nebraska Supreme Court invalidates provisions of the parties employment agreement that purported to require the associate attorney to turn over fees earned from cases the associate takes from the law firm after resigning as violating the Model Rule 5.6 {restrictions on lawyer's right to practice}. The Supreme Court also rules against the law firm's claim that the associate attorney's actions to advise the firms clients that he was leaving the firm violated the associate's fiduciary duty to the law firm because the law firm could not prove that the attorney's actions caused the firm any loss. Law Offices of Ronald J. Palagi v. Howard, S-06-384, S-06-665, S-07-757, 275 Neb. 334
Labels:
appellate procedure,
attorney fees,
employment,
law firms
Wednesday, February 06, 2008
Parties to a dispute over the Salem Grain Company won nearly $12000 attorneys' fees for the defendants' failure to comply with discovery orders. The appealing parties' appeal is dismissed as neither a final nor a collateral order. Frederick v. Seeba, A-06-272, 16 Neb. App. 373`an order imposing a money judgment for attorney fees and expenses for discovery violations pursuant to Nebraska’s discovery rule 37(a)(4) does not affect a “substantial right” as required by § 25-1902 RRS Neb.to seek review of the appellant's discovery sanctions, they must meet three elements for their appeal to come within the collateral order doctrine: “[T]he order must conclusively determine the disputed question, resolve an important issue completely separate from the merits of the action, and be effectively not reviewable on appeal from a final judgment.”Hallie Mgmt. Co. v. Perry, 272 Neb. at 85-86, 718 N.W.2d at
535 (quoting Coopers & Lybrand v. Livesay, 437 U.S. 463, 98 S. Ct. 2454, 57 L. Ed. 2d 351 (1978)). the Seebas cannot meet the third condition of the collateral order doctrine, i.e., that the order is effectively not reviewable upon final judgment. Once a final determination of the merits of the case has been decided, theSeebas can appeal the imposition of attorney fees and expenses at that time, and if the appellate court determines that an error was made, the remedies available to theSeebas after appeal from a final judgment are sufficient to adequately protect their interests.
Labels:
attorney fees,
discovery,
litigation,
sanctions
Tuesday, January 01, 2008
Temporary Total Disability (TTD) may extend beyond 300 weeks, Nebraska Court of Appeals affirms worker compensation court review panel order to reinstate an injured workers TTD beyond 300 weeks and awards the injured worker attorney fees for an obtaining an increased award. Heppler v. Omaha Cable, A-07-365, 16 Neb. App. 267 Under § 48-121(1), a worker’s entitlement to temporary total disability benefits is not capped at 300 weeks. We affirm the decision of the review panel in all respects.
Monday, December 24, 2007
Attorney's lien filing perfected his interest in receiving attorney fees from a court judgment even though he filed the lien after discharge. Equity excused the attorney from first filing a complaint of intervention (25-328) to seek a division of a divorcing spouse's property division judgment. Meister v. Meister, S-06-873, 274 Neb. 705. After trial when the court awarded the wife a money judgment for property division, the wife dismissed her attorney and other counsel represented her on appeal. Following appeal the husband paid the judgment into court. Former attorney filed his lien in court, which the district court denied was valid because wife had dismissed the attorney. Then former attorney sued for intervention which was dismissed. Nebraska Supreme Court holds, the dismissed attorney still could file a notice of attorney lien in accordance with 7-108 RRS Neb and equity excused his failure to promptly file an intervention complaint. The Supreme Court however leaves unresolved whether attorney properly attached and perfected his lien, and if so in what amount. "Attorney’s filing of the lien after his discharge did not affect the enforceability of the lien. Although intervention is the proper method of enforcing an attorney’s lien in an original action, equity excuses attorney’s failure to intervene
before the trial. O n remand, we leave it to the district court to decide whether attorney attached and perfected his lien. If so, the court should then determine the amount of the lien. We reverse, and remand.
Labels:
attorney fees,
attorneys,
divorce,
intervention,
liens
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