Attorney Fees

EQUAL ACCESS TO JUSTICE ACT AND CIVIL RIGHTS ATTORNEY’S FEES AWARDS ACT

The Equal Access to Justice Act (EAJA) (5 U.S.C. §§ 504; 28 U.S.C. §§ 2412) provides for the award of attorney fees (up to $125 per hour) and other expenses to eligible individuals and small entities that are parties to litigation against the government. This information is posted as a reference.  No legal advise is [...]

EEO SANCTIONS: ADVERSE INFERENCE AND ORDERS TO PAY COSTS

While he practiced law, John Zodrow was able to get EEOC Administrative Judges to apply an “adverse inference” against an agency of the government on a number of occasions, which means that the AJ infers from the Agency’s conduct (or misconduct) that it is willfully obstructing or hiding information to which the opposing party is [...]

EQUAL ACCESS TO JUSTICE ACT AND ATTORNEY FEES IN EMPLOYMENT DISCRIMINATION SUITS

Since the age Discrimination law does not allow for an award of attorney fees to the prevailing plaintiff/employee, can the Equal Access to Justice Act be used to recover attorney fees instead?  This is an interesting question studied by John Zodrow of Denver, who was involved in over 2000 employment matters during his legal career.  [...]

“BAD FAITH” INSURANCE LITIGATION

This discussion is intended to provide the reader with an elementary understanding of the concept of suing an insurance company for ingaging in “bad faith,” as opposed to “good faith,” in exercising the insurer’s duties under an insurance contract.  John Zodrow warns that no legal advice is intended herein or should be inferred. Generally speaking, an insurance [...]

AMOUNT RECOVERABLE UNDER A JUDGMENT IN CALIFORNIA

This serves to summarize some of the requirements concerning judgements in California.  John Zodrow sat for and passed the bar examination in California, and practiced law there.  This discussion is not exhaustive and does not convey legal advise.  It is a summary of many of the applicable statutes, and provides citations/references for further review.   It [...]

AMERICAN RULE FOR PAYMENT OF ATTORNEY FEES

These notes summarize some important aspects of what is referred to the “American Rule” for collecting attorneys fees and costs in a lawsuit.  John Zodrow does not provide these notes as legal advice.  As a starting point, remember that, under Colorado law and that of most other states, attorney’s fees and costs are generally not [...]