Summary
The United States District Court for the District of Arizona granted Brighthouse Life Insurance Company’s unopposed motion for attorney fees following default judgment against Lawrence Rudolph in a dispute concerning the validity of a life insurance policy. The Court awarded $60,605.00 in attorney fees and $588.30 in recoverable expenses, while denying brokerage commission and investigative costs. The Clerk was directed to terminate the action.
Holdings
- Brighthouse was eligible for and entitled to attorneys' fees because it was the successful party in an action arising out of a contract, and the applicable Warner factors supported an award.
- Brighthouse was entitled to $60,605 in reasonable attorneys' fees after the court applied the lodestar method and excluded clerical time.
- Brighthouse could recover $588.30 in taxable expenses, consisting of mandatory filing fees and service-of-process expenses, but could not recover delivery charges, trial-proceedings transcripts, brokerage commission costs, or investigative costs.
Questions Presented
- Whether Brighthouse was eligible and entitled to an award of attorneys' fees under A.R.S. § 12-341.01(A).
- Whether the requested attorneys' fees were reasonable under the lodestar method and Local Rule 54.2.
- Whether Brighthouse could recover its claimed expenses, brokerage commission costs, and investigative costs as taxable costs under Arizona law.
Disposition
other
Cases Cited (23)
- Sea-Land Serv., Inc. v. Murrey & Son's Co. Inc., 824 F.2d 740, 744 (9th Cir. 1987)(followed)
- Roddy v. Cnty. of Maricopa, 184 Ariz. 625, 627, 911 P.2d 631, 633 (Ct. App. 1996)(followed)
- In re Nelson, 207 Ariz. 318, 322, 86 P.3d 374, 378 (2004)(followed)
- Rindlisbacher v. Steinway & Sons Inc., 2021 WL 2434207, at *4-*12 (D. Ariz. May 26, 2021)(followed)
- Rindlisbacher v. Steinway, Inc., No. 20-17331, 2021 WL 6067258 (9th Cir. Dec. 20, 2021)(followed)
- Harris v. Maricopa Cnty. Superior Ct., 631 F.3d 963, 974 (9th Cir. 2011)(followed)
- Associated Indem. Corp. v. Warner, 143 Ariz. 567, 570, 694 P.2d 1181, 1184 (1985)(followed)
- Hall v. Read Dev., Inc., 229 Ariz. 277, 282, 274 P.3d 1211, 1216 (Ct. App. 2012)(followed)
- Kaufman v. Warner Bros. Ent. Inc., 2019 WL 2084460, at *8-*12 (D. Ariz. May 13, 2019)(followed)
- Blanchard v. Bergeron, 489 U.S. 87, 94 (1989)(followed)
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Cited In (0)
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Court Document
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