“Upbilling” and Block Billing Are Common. We report some of the interesting results in ELM Solution/CEB’s 2016 Real Rate Report for 2015 involving an analysis of $19.6 billion in paid fees by more than 5,900 U.S. law firms. It found that 21% of lawyers “upbilled” for their time in 2015 (rounding up the […]
Further Reduction Made For Excessive Time/Inefficiencies, As Well As Bloated “Fees On Fees” Request. Although arising under Delaware law, U.S. District Judge William H. Orrick reduced an attorney’s fees request of $ 3.56 million where the prevailing party did so on a summary judgment motion and its attorneys utilized block billing in fee
“Due Diligence” or “Attention to” Entries Found Too Vague. U.S. District Judge William H. Orrick faced a $158,678.51 fee request by a well-known national firm for ultimately obtaining a default judgment in a trademark infringement case against a defendant using a similar download to “Cognizant.” In Cognizant Technology Solutions U.S. Corporation v. McAfee,
Block Billing Not Per Se Objectionable. In Kalicki v. JPMorgan Chase Bank, N.A., Case No. D063508 (4th Dist., Div. 1 June 30, 2014) (unpublished), Bank appealed a residential borrowers’ fee award of $255,135 as being unreasonable, even though the trial judge did reduce the request a little. The fee amount challenge did not result in
Trial Judge Reduced Requests Substantially Due to Severely Redacted Billing Records and General Supporting Attorney Declaration; Further Reductions Not Justified. Three defendants (as well as their law firms) sought mandatory fee awards after SLAPPing plaintiff’s malicious prosecution action in Du Boise v Peterson, Case Nos. B237764/B240357 (2d Dist., Div. 5 Dec. 6, 2013)
Block Billing Also Discussed. A creditor was sued under a cross-complaint by a debtor under both the Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act (FDCPA). Debtor won a summary judgment motion on the FDCPA claim, on condition that she agree to a compensatory award of $1,
However, Failure to File Costs Memorandum Meant $80,758.75 Costs Award Went Away. In Bustamante v. T.O. IX, LLC, Case No. B241233 (2d Dist., Div. 6 Oct. 25, 2012) (unpublished), plaintiffs lost a real estate purchase fraud case against defendants, with the purchase contract containing a fees clause. A judicial referee awarded attorneys fees
Ninth Circuit Affirms Fee Determinations Upon Review. In In re Thomas (Thomas v. Namba), 2012 WL 1008654 (9th Cir. Mar. 27, 2012) (unpublished), the Ninth Circuit affirmed a bankruptcy court’s remand award of fees where counsel “de-lumped” block billed entries, but nonetheless still applied a 10% reduction to remaining lumped fees for which
Although Germane In Bankruptcy Context, Case May Be Helpful in Non-Bankruptcy Cases. You readers of our blog are a constant source of inspiration. Today, we thank attorney Andrew L. Fagan of Santa Rosa for alerting us to a recent unpublished Ninth Circuit BAP decision that has interesting discussions of block billing and reimbursement
Court of Appeal Sustains Reductions by Trial Court and Suggests That Fees Expended by the Opposition Has Probative Value in Fee Proceedings. In Horsford v. Board of Trustees of California State University (Horsford I), 132 Cal.App.4th 359, 402 (2005), the Fifth District Court of Appeal determined a trial court had applied
