Schlichter Bogard Wants Redo in 9th Cir. Expert Witness Fee Spat

Schlichter Bogard & Denton LLP asked the Ninth Circuit to rethink its ruling blocking the law firm from taking nearly $1 million in expert witness fees from the $13.2 million damages award it secured for participants in Edison International’s 401(k) plan.

The Ninth Circuit’s three-paragraph memorandum applied the wrong legal standard for awarding costs and broke from circuit and U.S. Supreme Court precedent, the plaintiff-side law firm argued in a petition filed Tuesday.

Rather than ask whether the expert opinions were “crucial or indispensable” to the plaintiffs’ success, the Ninth Circuit should’ve followed prior decisions holding that beneficiaries of a ...