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MADISON, Wis. - Gov. Scott Walker signed a bill Wednesday designed to limit attorneys' fees, citing a well-known "lemon law" lawyer collected more than $150,000 in an auto-repair dispute. The measure, part of Walker's special legislative session on jobs, requires judges to presume attorney fees should be no greater than three times the damages awarded. Judges can award more if they feel it's warranted, however.
Lawyers are accustomed to having a judge decide attorney fees. But this week the Minnesota Supreme Court tossed a $404,000 fee award, ruling that two defaulting borrowers had a constitutional right to have a jury decide how much in attorney fees they owed their bank. Because the nature of the claim is contractual and the remedy sought is legal, we hold that [the borrowers] are entitled to a jury trial on attorney fees under Article I, Section 4 of the Minnesota Constitution," held the court in United Prairie Bank-Mountain Lake v. Haugen Nutrition & Equipment.
Although a class won a Hancock Amendment challenge to the Metropolitan St. Louis Sewer District's stormwater user charge, the class lawyers aren't entitled to double attorney fees, a Missouri appeals court said in a case of first impression. In awarding nearly $4.6 million in attorney fees for a group of Greensfelder, Hemker & Gale lawyers representing a class of taxpayers, Judge Dan Dildine started with a lodestar of $2,275,159.50 and then multiplied it by two. Dildine, the presiding judge of the 45th Judicial Circuit covering Lincoln and Pike counties, was sitting as a special judge in the St. Louis County Circuit Court because the county judges recused themselves.
A federal appeals court has denied attorney's fees to an Irish national who took the U.S. government to court in a successful effort to gain American citizenship. Andrew Peter Cody, a 2009 U.S. Naval Academy graduate, did not qualify for the fees under the federal Equal Access to Justice Act because the government's opposition to his naturalization was "not substantially unjustified," the 4th U.S. Circuit Court of Appeals said in upholding a judge's decision.
A Joshua Tree Superior Court judge has awarded more than $530,000 in to a San Bernardino school district employee who won a discrimination lawsuit against the district and a top administrator in April. Edward C. Norton, the San Bernardino City Unified School District's maintenance and operations director, has 'already been awarded $360,000 for emotional distress damages.
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