Monday, May 19, 2014

Good Morning -- Your Fee Has Been Cut By 80 Percent!


Let's get the week started right with the 11th Circuit affirming for the most part an 80% fee reduction in an employment discrimination case that went on for at least fourteen years:
We recognize that the attorney fee provision of 42 U.S.C. § 1988 is critical to ensuring that employees can vindicate their rights by finding attorneys who are willing to take their claims on a contingency basis, even where the expected recovery is not large. However, upon review of the parties’ briefs and the record before us, we find that, as a whole, the district court did not abuse its discretion in awarding Appellant’s counsel fees far below what she requested. First, we cannot say that the magistrate judge abused his wide discretion in setting the hourly rates for Appellant’s attorneys. See Norman v. Housing Auth. of Montgomery, 836 F.2d 1292, 1301 (11th Cir. 1988) (“It is the job of the district court in a given case to interpolate the reasonable rate based on an analysis of the skills enumerated above which were exhibited by the attorney in the case at bar . . . .”). Second, despite Appellant counsel’s claim that she eliminated 1,500 hours from the Petition, it appears that she did not conduct an hour-by-hour review to separate successful claims from unsuccessful claims, even after having been asked by the magistrate judge to do so. Further, the district court provided numerous examples where Appellant sought to recover fees related to the failed claims of other plaintiffs and identified time entries where it was impossible to determine which hours were spent on Hithon’s successful claim. Thus, we conclude that the district court did not abuse its discretion in determining that Appellant’s counsel failed to exercise billing judgment or in cutting Hithon’s fees by a large percentage.
So, by comparison, you're already having a good day.

16 comments:

Godwhacker said...

Thank God for the lesbians!

Anonymous said...

SFL - no fair. You post photos of topless guys kissing eachother but all we straight guys get on this site is two bikini clad falafel eaters kissing.

What's with the double standard? WTF?

Shalom.

Godwhacker said...

That men get to walk around topless isn't the best thing about being gay, but it doesn't suck.

Anonymous said...

GW - even the guys with man boobs?

Godwhacker said...

The thing with me 11:37 is that if I don't like I don't look. Amazing how that works.

Anonymous said...

I find this offensive

Godwhacker said...

I find offense at this offensive, but nowhere in our laws is it written that we have a right not to be offended.

Anonymous said...

Your taking offense at someone being offended, offends me.

Anonymous said...

1210 was either Judge Moreno or my father

Anonymous said...

GW needs to stop giving his new boyfriend a handjob and just get the banging of each other over with.

Anonymous said...

"Good morning and welcome to gay talk. You're on the air"

"Thank you. Long time listener and first time caller. On one of the local gay blogs- south Florida lawyers - there is a big discussion going on as to what is appropriate. "

"Why is a gay blog named south Florida lawyers caller?"

"I've never been able to figure that out but the discussion is 98% gay and 2% law. ... Not that there's anything wrong with that"

Godwhacker said...

@3:44

I've had the same husband for 15 years and he would never be satisfied with 'just' a handjob. If anything there is too much banging. The guys need to come up for air.

@4:33

LOL! But seriously, we are in the middle, maybe nearing the end of the LGBT civil rights fight. If they had blogs back in 1958 no doubt we'd be talking about Jim Crow.

Anonymous said...

http://www.theonion.com/articles/son-ill-always-love-you-whether-youre-straight-or,35957/

Rumpole said...

I must unfortunately disagree Godwhacker with your conclusion that the end of the LGBT civil rights fight is near. To quote the great man of the 20th century, "this is not the end, or the beginning of the end, but it is perhaps the end of the beginning. "
Winston Churchill on the war against Germany, London, 9 November, 1942.

I think in 25 years from now, looking back on this year, my estimate will sadly be true.

Change comes slowly. And there are 50 states and tens of thousands of yahoo groups that will challenge every advance in the courts. Litigation has become more sophisticated since Brown v. Board of Ed, which by the way was decided 60 years ago this past Thursday. Brown was decided in 1954. The Civil rights act didn't get through the senate for ten more years and the litigation to enforce it didn't end for another decade.

Godwhacker said...

@Rumpole

I appreciate your point. It seems like a lot of work.

But I remember my younger self thinking of the speed at which society progressed. I imagined that I'd might one day be able to marry, maybe in my 60s. I'm decades ahead of that schedule already.

All minorities are still fighting for real equality, but the LGBT community is the one still being discriminated against openly under our laws. That part is soon to fall.

Anonymous said...

How about some of the Philadelphia Freedom today. Some EJ is looking pretty good now if your a Philly cream cheeser.