Apr. 14, 2026
Attorney fee motions under increasing judicial scrutiny
Plaintiffs routinely seek fee awards after a favorable verdict due to exceptions to the American rule, recent cases clarify what courts weigh in making, reducing or denying an award.
Maurice Mandel II
Email: MMANDEL2@AOL.COM
Maurice Mandel II, has been an employment law practitioner since 1980, was a founding member of the Employee Rights Council, with Joe Posner and William Crosby, from which CELA sprang. His practice predominately represents employees, and is located in Newport Beach.
Attorneys file motions seeking an award of attorney fees after a verdict in favor of their client because the exceptions to the "American rule" (that each bear their own attorney fees) are as numerous as the rule. Whether the fee shift comes from contract or statute, the motion for attorney fees (AF motion) is often supported by declarations of the moving attorneys' colleagues, associates and sometimes even retained experts.
Recent cases have shed light ...
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