Attorney Fee Petitions in Insurance Cases: Emerging Trends, Clemens v. New York Central

This program has been cancelled

A live 90-minute CLE webinar with interactive Q&A


Wednesday, February 6, 2019 (in 13 days)

1:00pm-2:30pm EST, 10:00am-11:30am PST


This CLE webinar will provide counsel with a review of recent court rulings, including Clemens v. New York Central Mutual. The panel will discuss this decision and other emerging trends in how courts handle attorney fee petitions and related issues.

Description

Understanding the complex law governing recovery of attorney's fees when fee shifting is allowed by statute, rule or common law ensures counsel's ability to cost-effectively resolve cases both in and out of the courtroom.

The Third Circuit's recent decision in Clemens v. New York Central Mutual clarifies that it is fair game for a district court to award an otherwise successful plaintiffs' attorney nothing if their fee petition is unreasonable. Some judges may award--or withhold--fees depending on whether they believe the attorney handled the case well, which can be a very subjective assessment.

Because of this and other recent cases, savvy counsel must understand how courts scrutinize attorney fee petitions and how such scrutiny provides new ways to maximize recovery for plaintiffs and minimize exposure and liability for defendants.

Listen as our authoritative panel of practitioners guides you through recent trends involving treatment of attorney fee petitions and implications for insurance defense counsel. The panel will discuss current case law, and strategies and best practices for litigating fee requests.

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Outline

  1. Review of Clemens v. New York Central Mutual
    1. Lower court decision
    2. Third Circuit decision
  2. The potential application of Clemens in other factual contexts
  3. Lessons and best practices for fee petitions
    1. Implications for settlement assessment
    2. Vetting attorney fee petitions

Benefits

The panel will review these and other priority issues:

  • What are the practical applications of Clemens and other recent cases on fee shifting?
  • What strategies can counsel use to effectively petition for and oppose fee requests?
  • What are the best approaches for developing evidence to support or challenge fees as unreasonable?
  • Practical tips for all counsel

Faculty

Ahari, Leslie
Leslie S. Ahari

Partner
Clyde & Co

Ms. Ahari focuses her practice on directors' and officers' (D&O) and other professional liability claims....  |  Read More

Levin, Jay
Jay M. Levin

Principal
Offit Kurman

Mr. Levin is an insurance recovery attorney and serves as the chair of the firm's Insurance Recovery practice...  |  Read More