Key legal question
Whether the cantonal court applied the correct tariff period of the St. Gallen fee schedule for the defense costs in the appellate proceedings after federal remands.
Extracted holding
The entire appellate proceeding was one single proceeding; therefore the new hourly tariff applied to all work in that proceeding, not only work performed after 1 July 2007.
Extracted reasoning
A federal reversal and remand does not create a new independent appeal proceeding. The appellate instance remained the same case, so the revised tariff governed the whole proceeding once the revision entered into force.