I had posted earlier on the decision in the case of Binder v. Disability Group. That case was a trademark infringement action based upon the Defendant's use of the name "Binder and Binder" in Google search engine advertising. Binder and Binder won. That decision is now available online. The part of the decision concerning computation of damages sheds a small amount of light on Binder and Binder's operations. Here is an excerpt (footnotes and exhibit numbers omitted):
We conclude that Plaintiffs' are entitled to an award for lost profits. Plaintiffs earned an average revenue of $3,576.93 per case in California from December 1,2005 through November 30,2006. Plaintiffs retained 18.78% of cases for which submission forms were entered on their site.
One footnote indicates that Binder and Binder's average fee per case in California was slightly lower than its nationwide average of $3,606.69.
What is unclear to me is why the Court made no adjustment, as best I can tell, for the fact that Binder and Binder would not have won all the cases it might have lost due to the trademark infringement. It seems odd to me to assume a 100% success rate for cases taken on a contingent fee basis. Surely, the Defendant's attorney argued this point. Since the Court ordered treble damages and awarded attorney fees, it would appear that the Court was not impressed with any of the Defendant's arguments.
What is unclear to me is why the Court made no adjustment, as best I can tell, for the fact that Binder and Binder would not have won all the cases it might have lost due to the trademark infringement. It seems odd to me to assume a 100% success rate for cases taken on a contingent fee basis. Surely, the Defendant's attorney argued this point. Since the Court ordered treble damages and awarded attorney fees, it would appear that the Court was not impressed with any of the Defendant's arguments.
4 comments:
"It seems odd to me to assume a 100% success rate for cases taken on a contingent fee basis."
The average pay rate at the hearing level is in the mid-60s, CA appears to have lots of judges who like to pay, and of course, Binder & Binder is the most successful disability advocate in the nation (according to their ads), and so how they could not have a pay rate close to 100% in California. :)
[of course, dropping likely losing cases at the last moment helps to keep their success rate higher]
On a side note, the recent AALJ newsletter stated that the Union was told by management that Binder had dropped its lawsuit to force the agency to allow their reps to appear by video while their clients were in person with the judge
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Secondly if u work and have gainfull income of over 87$ for single 137$ for married your SSI is cut off because you have "gainfull employment".
You are not allowed to get out of poverty because you are NOT ALLOWED to save $$
If you have ANY assets that equal to or greater than 3000$ in ANY given month you lose everything!!all assets include vehicle what they deem its worth, sale of goods(garage sale), BORROWED money,hell if u find a 100$ bill and they find out, ITS INCOME my point is you can't make it if you dont have food to eat because rent is so high or if you try to get ahead by living in your car then u no longer have an address to attach your payment correspondence to so bye bye gone.. everybody who thinks i chose this way of life can FOAD. I was a mechanic for 23 years AFTER i had an accident that doctors told me i could never work. I never had my hand out then but when your body just quits on you and u actually ask for help they fuck you any way they can even after for 23 years i payed into the system well more than i have collected
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