Ethics/Professional Responsibility,
California Courts of Appeal
Nov. 1, 2023
Jerky behavior in Snoeck v. Exaktime sparks negative lodestar multiplier
Now, every prevailing plaintiff’s attorney can expect to see defense counsel comb through every email and correspondence in the case, aiming to depict the plaintiff’s attorney as uncivil, thus justifying applying a negative lodestar.
Benjamin T. Ikuta
Partner
Ikuta Hemesath LLP
1327 N Broadway
Santa Ana , CA 92706
Phone: (949) 229-5654
Fax: (949) 336-8114
Email: ben@ih-llp.com
UC Hastings COL; San Francisco CA
Benjamin focuses his practice in medical malpractice cases on the plaintiff side. He has successfully litigated many cases involving birth injury, delay in cancer diagnosis cases, and elder abuse based on neglect.
On Oct. 25, the Court of Appeal, Second District, Division Three issued a scathing decision in Snoeck v. Exaktime Innovations, Inc., upholding a negative multiplier for attorney fees due to the plaintiff's counsel's lack of civility throughout the entire litigation process. The Court of Appeal did not mince words: "The record before us amply supports the trial court's finding that plaintiff's counsel was r...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In