After A $20 Million Compensatory Verdict (With Even More Substantial Punitive Damages Jettisoned), Lower Court Awarded Plaintiff’s Counsel $3.517 Million In Fees Under FEHA And Related Claims.
Slagel v. Liberty Mutual Ins. Co., Los Angeles County Superior Court Case No. BC648246 (Oct. 9, 2026 minute order awarding fees) is yet another reminder to employment clients and counsel on the defense to weigh fee exposure in determining whether to litigate or settle the case.
Plaintiff brought age discrimination, FEHA, and related claims. The jury returned a $20 million compensatory verdict and an $83 million punitive damages verdict, with the lower court jettisoning the punitive damages verdict as lacking the requisite clear and convincing evidence standard to justify such an award. That brought plaintiff to seeking attorney’s fees. Plaintiff’s counsel sought $4,825,510 in lodestar fees, augmented by a positive 2.0 multiplier, for a total requested award of $9,651,020.
The lower court awarded plaintiff fees of $3,517,006. It generally adopted hourly rates between $650-1,700 for plaintiff’s counsel, including $1,000 per hour for a 2025 licensed attorney based on the attorney’s exceptional trial performance. It did reduce the work effort down from the 4,260 hours requested, applying around a 25% across-the-board reduction to come to the final award. The lower court denied the multiplier request because the higher hourly rates captured the skill and contingency factors involved in the matter.