Civil Procedure Keyed to Marcus
Venegas v. Mitchell
The current dispute arises out of an action under 42 U.S. C. Section: 1983 brought by Petitioner alleging that police officers of Long Beach, California falsely arrested Petitioner and conspired to deny him a fair trial through the presentation of perjured testimony. The district court dismissed Petitioner’s complaint as time barred by statute of limitations, which was subsequently reversed by the court of appeals. During this appeal, Petitioner retained Respondent as his attorney. Petitioner and Respondent signed a contingency contract for a fee of 40% of the gross amount of any recovery. The contract prohibited Petitioner from waiving Respondent’s right to court-awarded attorney’s fees. Petitioner obtained a judgment of $2.08 million. Respondent moved for attorney’s fees and the District Court entered an order awarding Petitioner $117,000 in attorney’s fees, of which $75,000 was attributable to work performed by Respondent. The award was calculated by multiplying a reasonable hourly rate by the number of hours the respondent expended on the case, and then doubling this lodestar figure to reflect respondent’s competent performance. Petitioner and Respondent had a disagreement about representation on appeal and Petitioner obtained different counsel for appeal. Respondent then asserted a $406,000 attorney’s lien against the judgment proceeds, his half of the 40% fee. Petitioner objected because the fee was excessive and should be limited to the $75,000 found to be reasonable on the Motion for Attorney’s Fees. The District Court refused to disallow or reduce the fee and the Court of Appeals affirmed the District Court’s decision.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:Identifies the topic of law and where this case fits within your course outline.
Parties:Identifies the cast of characters involved in the case.
Procedural Posture & History:Shares the case history with how lower courts have ruled on the matter.
Case Key Terms, Acts, Doctrines, etc.:A case specific Legal Term Dictionary.
Case Doctrines, Acts, Statutes, Amendments and Treatises:Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:A Synopsis of the Facts of the case.
Rule of Law:Identifies the Legal Principle the Court used in deciding the case.
Facts:What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.
Issue(s):Lists the Questions of Law that are raised by the Facts of the case.
Holding:Shares the Court's answer to the legal questions raised in the issue.
Concurring / Dissenting Opinions:Includes valuable concurring or dissenting opinions and their key points.
Reasoning and Analysis:Identifies the chain of argument(s) which led the judges to rule as they did.