| Volume 143 Number 17 |
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The People’s Lawyer’s Tip of the Day
If you’ve ever fantasized about never having to worry about money again, you’re not alone. There are companies peddling investment strategies to, they say, make your dreams come true. But before you spend big money for a chance at wealth... Click here for more.
FCC launches plan to close rural America’s digital divide
It’s no secret that consumers in rural America don’t have the technology infrastructure found in urban areas, but the Federal Communications Commission (FCC) has taken a step to ensure that they can catch up. The FCC has approved a $20.4 billion investment to beef up broadband internet access in rural America. The first phase of the program, called the Rural Digital Opportunity Fund, will get underway later this year and target census blocks that are completely unserved with fixed broadband at speeds of at least 25/3 Mbps. Click here for more.
Your Money
If you've ever had an insanely high medical bill arrive in the mail, you've probably contemplated your options: Pay the bill and dine on ramen noodles for the next few years? Take out a loan? Ignore the bill and risk it going to collections? There is a better alternative: Learn how to negotiate your medical bills. Click here for more.
For the Lawyers
Attorneys’ fees need not be segregated between recoverable and nonrecoverable claims when sufficiently intertwined. The District Court for the Western District of Texas held that which fees are recoverable and claims for which they are not—is relatively simply answered. The DTPA explicitly and capaciously allows for recovery of "all sums that [Plaintiff] is required to pay as a result of the action." This case is not akin to the more common situation in which a party seeks full attorney's fees arising from two causes of action, one recoverable and one not because the DTPA's broad ambit renders them sufficiently intertwined. The Court found that the high number of hours was reasonable, as this was an inordinately complex and time-consuming case. The hourly rates are also reasonable based on the various lawyers' experience and their firms' sizes and locations. In addition, the court awarded one defendant its attorneys’ fees, noting that to prevail on a 17.50(c) claim, it must show that the action "was groundless in fact or brought in bad faith, or brought for the purpose of harassment." It need not show that the action was groundless and brought in bad faith; one will suffice. Halprin v. FDIC, 2020 U.S. Dist. LEXIS 11830, 2020 WL 411045 Click here for more.