District Court’s Articulation Of Reduction Was Clear Enough.
Getting a shave. "Uncle Joe Cannon getting one of his last congressional shaves. Bert Broden has been Uncle Joe's barber for the past twelve years." Feb. 26, 1923. Library of Congress.
In Dunlap v. Liberty Natural Products, Inc., Nos. 15-35395/16-35113 (9th Cir. Dec. 28, 2017) (published), plaintiff filed and won a claim before a jury for disability discrimination under the ADA and related Oregon statutes, although she lost other claims. Her total damages came to $83,200. She then moved for $235,038 in attorney’s fees under the ADA/state counterpart statutes. The district granted the motion in part, reducing the requested fees by 50% based on lack of success.
The Ninth Circuit affirmed. After affirming the merits judgment, it concluded that degree of success (winning on one of five claims) by a prevailing party is a proper reduction factor with respect to a fee request. The district court indicated it was discounting based on that factor, a sufficiently clear explanation of the fee award.