Approximate $600,000 Fee Award Affirmed On Appeal.
In O’Hara v. Liberty Rural County Fire Protection Dist., Case Nos. C096135 et al. (3d Dist. Dec. 19, 2023) (unpublished), plaintiff obtained a $3 million jury damages verdict based on Firefighters Procedural Bill of Rights (FPBOR) and federal civil rights (42 U.S.C. § 1988) claims, although he lost a defamation claim. The lower court also added gross-up damages and civil penalties of an additional $1,325,000. Then, when fee entitlement was not contested, the lower court granted a little shy of $600,000 in attorney’s fees.
Defendant District appealed, arguing that defamation unsuccessful work should have been apportioned out for purposes of crafting a fee award. The appellate court disagreed, because the lower court indicated that all claims were related such that it was impossible to do an apportionment, a determination sustained on appeal. There is a good discussion in this opinion about limited success and apportionment principles operative in fee motions.