Lodestar Method

957 Florida cases classified under this topic, plus 111 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Ruszala v. Walt Disney World Co.
  132 F. Supp. 2d 1347· M.D. Fla.· 2000-12-19 ·cited 2×
  The court recommended granting the defendant Sheriff's motion for attorney's fees and costs, finding the plaintiff's claims frivolous and unreasonable after his deposition.
• Haag v. State
  699 So. 2d 738· Fla. 1st DCA· 1997-08-07 ·cited 2×
  Appellants challenged trial court orders approving attorney fee agreements between the Department of Insurance (as receiver) and two law firms, and denying appellants' motion for fees and costs in an insurance insolvency proceeding. The court affirmed both orders, holding that se
• Seminole Cnty. v. Cumberland Farms, Inc.
  688 So. 2d 372· Fla. 5th DCA· 1997-01-24 ·cited 2×
  Seminole County appealed an attorney's fee award in an eminent domain case, challenging the trial court's use of a hybrid lodestar-plus-percentage-of-benefit formula. The Florida appellate court reversed, holding that eminent domain cases require using lodestar as the basis with
• Ray v. United States Deparment of Justice
  856 F. Supp. 1576· S.D. Fla.· 1994-07-05 ·cited 2×
  A pro se attorney litigant cannot recover attorney's fees under FOIA for their own services, and expert witness fees are limited by statute.
• Weaver v. Sch. Bd. OF Leon Cnty.
  624 So. 2d 761· Fla. 1st DCA· 1993-09-14 ·cited 2×·via Lodestar Fee
  Dr. Weaver appeals a Florida Commission on Human Relations final order denying his request to present evidence of economic damages on remand and awarding attorney's fees with a 1.5 contingency multiplier. The court affirms both the denial of economic damages recovery and the atto
• Thornber v. The City OF Fort Walton Beach
  622 So. 2d 570· Fla. 1st DCA· 1993-08-04 ·cited 2×·via Lodestar Fee
  City council members appealed a post-judgment order on remand awarding attorney's fees for defending against federal civil rights and recall petition litigation. The court affirmed the award, rejecting the council members' challenges to the contingency fee multiplier and their cl
• Dreese v. Craftsman Auto Elec., Inc.
  620 So. 2d 1097· Fla. 4th DCA· 1993-06-30 ·cited 2×
  A trial court may not reduce a reasonable lodestar attorney's fee calculation based on obtaining a default judgment when the prevailing party succeeds on its entire claim, and must address contingency risk factors in awarding fees.
• Eirhart v. Libbey-Owens-Ford Co. & LOF Glass Inc.
  996 F.2d 846· 7th Cir.· 1993-06-01 ·cited 2×
  The court held that a letter agreement settling attorneys' fees did not release future obligations, and that Title VII permits fee awards for post-decree monitoring, but reversed the application of a multiplier based on Supreme Court precedent.
• Rosenberg v. Sherwin Ross
  613 So. 2d 505· Fla. 3d DCA· 1993-01-12 ·cited 2×
  The Rosenbergs appealed a judgment against them on a promissory note, along with an attorney's fee award of $121,677.50. The court affirmed the underlying judgment but reversed the fee award because the trial court incorrectly applied a 1.75 contingency multiplier based on novelt
• In re Bolar Pharm. Co. v. Myron C. Gackenbach
  966 F.2d 731· 2d Cir.· 1992-06-10 ·cited 2×
  The court held that the district court abused its discretion by failing to provide specific findings and a reasoned explanation for applying a risk-enhancement multiplier to attorneys' fees, requiring remand.
• Timothy Scott McDONALD Barbara J. McDonald v. McCARTHY
  966 F.2d 112· 3d Cir.· 1992-05-27 ·cited 2×
  An appellate court's order directing each party to bear its own costs does not preclude a prevailing party from recovering attorneys' fees under 42 U.S.C. § 1988 for successfully defending a judgment on appeal.
• Corn v. City of Lauderdale Lakes
  794 F. Supp. 364· S.D. Fla.· 1992-05-20 ·cited 2×
  A prevailing party in a Section 1983 action is entitled to reasonable attorneys' fees and costs under Section 1988, with the lodestar calculation adjusted for partial success and contingency risk.
• Homeward Bound, Inc. v. Hissom Mem'l Ctr.
  963 F.2d 1352· 10th Cir.· 1992-05-08 ·cited 2×
  The court held that a contingency enhancement to attorney fees is appropriate only in exceptional cases where there was a real risk of not prevailing at the outset of litigation and substantial difficulty in finding counsel without such an enhancement.
• In re Apex OIL Co. v. Palans
  960 F.2d 728· 8th Cir.· 1992-03-30 ·cited 2×
  The court held that while quality of service and results obtained can justify fee enhancement, the applicant must show they were superior to what is reasonably expected for the lodestar amount. The court also rejected the requirement to compare with specific non-bankruptcy servic
• Bernardi v. Yeutter
  942 F.2d 562· 9th Cir.· 1991-08-22 ·cited 2×
  The court held that a multiplier for contingent risk should have been applied to the attorneys' fees award, and that fees for litigating the fee petition were improperly denied. The court also reversed the award of interest on the judgment against the government.
• Long v. United States Internal Revenue Serv.
  932 F.2d 1309· 9th Cir.· 1991-05-06 ·cited 2×
  The court held that the district court erred by confusing the standards for eligibility and entitlement to attorney fees with the standards for reasonableness of the fee amount, and by failing to articulate its calculations clearly.
• Wedemeier v. City OF Ballwin
  931 F.2d 24· 8th Cir.· 1991-04-23 ·cited 2×
  The court held that the city was not liable under 42 U.S.C. § 1983 as there was no evidence of a municipal policy or custom causing the officers' misconduct. The court also affirmed the denial of certain costs but remanded for reconsideration of attorney's fees.
• Unsecured Creditors' Comm. v. Puget Sound Plywood, Inc.
  924 F.2d 955· 9th Cir.· 1991-01-31 ·cited 2×
  The court held that the bankruptcy court did not abuse its discretion in awarding partial attorneys' fees, as the attorney failed to adequately document necessity and reasonableness of services, and the fee application lacked sufficient detail for a lodestar calculation.
• Skyywalker Records, Inc. v. Navarro
  742 F. Supp. 638· S.D. Fla.· 1990-07-31 ·cited 2×
  The court granted defendant's motion for enlargement of time to file costs, allowed partial costs for defendant, granted plaintiff's costs in full, and awarded attorneys' fees to plaintiff with enhancements.
• Blanchard v. Bergeron
  893 F.2d 87· 5th Cir.· 1990-01-31 ·cited 2×
  The court held that the district court failed to provide a clear explanation for its attorney fee award, necessitating a remand for further clarification on the allocation of hours, treatment of paralegal/law clerk time, and compensation for delay.
• Maserati Automobiles Inc. v. Caplan
  551 So. 2d 501· Fla. 3d DCA· 1989-08-01 ·cited 2×
  Maserati appealed a trial court's award of attorney's fees to Caplan following a successful defective automobile lawsuit. The appellate court affirms the award of appellate attorney's fees but reverses and remands the trial-level fee award because the trial court improperly appli
• Int'l Bankers Ins. Co. v. Wegener
  548 So. 2d 683· Fla. 3d DCA· 1989-07-05 ·cited 2×
  International Bankers Insurance Co. appeals a trial court's award of $137,046.87 in attorney's fees to the Wegeners in an insurance coverage dispute. The appellate court reverses, holding that the parties' contingent fee agreement capped the recoverable fees at 45% of the judgmen
• Daggett v. Irwin I. Kimmelman
  864 F.2d 1122· 3d Cir.· 1989-01-10 ·cited 2×
  The court held that the district court erred in awarding attorneys' fees for the remedy phase without a proper apportionment of time between constitutionally permissible redistricting efforts and purely political considerations, and that a hearing or discovery may be necessary.
• Matter of Trinity Indus., Inc.
  674 F. Supp. 337· M.D. Fla.· 1987-11-18 ·cited 2×
  The court held that while the Secretary of Labor is entitled to attorney fees and expenses in a civil contempt action, the award must be limited to expenses reasonably and necessarily incurred after the Eleventh Circuit's decision in Donovan v. Mosher Steel Co., and certain indir
• Almond v. Harlan E. Boyles
  792 F.2d 451· 4th Cir.· 1986-06-06 ·cited 2×
  The court held that the district court erred in its calculation of attorneys' fees by improperly enhancing the lodestar amount based on factors already considered or not meeting the exceptional circumstances standard required by Supreme Court precedent.
• Sockolof v. Eden Point N. Condo. Ass'n, Inc.
  487 So. 2d 1114· Fla. 3d DCA· 1986-04-08 ·cited 2×
  Unit owners of a condominium challenged a Board of Directors' decision to relocate a fence and expand the pool deck, seeking an injunction. The trial court found the owners failed to prove the meeting or vote was improper, that they delayed seeking relief, and that the Associatio
• Ranco Indus. Prods. Corp. v. Dunlap
  776 F.2d 1135· 3d Cir.· 1985-11-13 ·cited 2×
  The court held that a district court cannot reduce a lodestar fee award based solely on the perceived bias of a witness without an evidentiary basis for the reduction.
• Burney v. Hous. Auth. OF the Cnty. OF Beaver
  735 F.2d 113· 3d Cir.· 1984-06-01 ·cited 2×
  The court held that attorney fees under 42 U.S.C. § 1988 should be calculated based on prevailing market rates, not just cost, and that the district court erred by not making findings on these rates. The court also affirmed the district court's discretion in apportioning fees aga
• Burney v. City OF Pawtucket
  728 F.2d 547· 1st Cir.· 1984-02-17 ·cited 2×
  The court held that a notice of appeal filed before the entry of a final judgment is premature and dismisses the appeal. It also reversed an order allowing intervention filed after appeal rights expired and affirmed an award of attorneys' fees to the prevailing plaintiff.
• Matter of GAC Corp.
  14 B.R. 252· S.D. Fla.· 1981-06-01 ·cited 2×
  The court held that the Bankruptcy Reform Act of 1978 does not apply to cases commenced under the prior Bankruptcy Act, and that fee awards must adhere to the 'economy' principle and 'lower end of the spectrum of reasonableness' as established in First Colonial.
• Ruffenach v. Deutsche Bank Nat'l Tr. Co. for Ameriquest Mortg. Sec. Inc.
  431 So. 3d 1055· Fla. 6th DCA· 2026-03-20 ·cited 1×
  The Sixth District Court of Appeal reversed a trial court's award of attorneys' fees because the trial court failed to receive evidence detailing the work performed by opposing counsel. In doing so, the court fundamentally reformed Florida law by holding that trial courts need no
• Universal Prop. & Cas. Ins. Co. v. Abel Medero
  406 So. 3d 323· Fla. 3d DCA· 2025-02-19 ·cited 1×·via Lodestar Fee Calculation
  A trial court's award of attorney's fees must be supported by competent substantial evidence and accompanied by specific findings addressing the Rowe and Quanstrom factors; neither a $150 hourly rate increase above the contractual rate nor a 1.8 contingency fee multiplier was sup
• BMW of N. Am., LLC v. Henry
  336 So. 3d 1255· Fla. 5th DCA· 2022-04-08 ·cited 1×·via Lodestar Calculation
  Federal law governs attorney's fee awards under the Magnuson-Moss Warranty Act, and contingency multipliers are prohibited under federal fee-shifting statutes pursuant to City of Burlington v. Dague. The trial court erred in applying a contingency multiplier and must recalculate
• Impex Caribe Corp. v. Carl Levin, P.A.
  Fla. 3d DCA· 2022-03-02 ·cited 1×
  Impex Caribe Corporation appealed a post-judgment order awarding prevailing party attorney's fees to Carl Levin in a lien foreclosure case. The trial court awarded $142,187.50 in lodestar fees multiplied by a contingency fee multiplier of two, totaling $284,375 plus costs. The ap
• Philip Morris USA Inc. v. Jordan
  333 So. 3d 300· Fla. 1st DCA· 2022-01-19 ·cited 1×
  The appellate court affirmed a trial court's award of attorney's fees and costs to a plaintiff in an Engle progeny case. The core issue was whether the "locality" for determining reasonable attorney rates should include all attorneys litigating similar cases in the jurisdiction,
• Citizens Prop. Ins. Corp. v. Casanas
  336 So. 3d 746· Fla. 3d DCA· 2021-10-27 ·cited 1×·via Lodestar Amount
  Citizens Property Insurance Company appealed a trial court's award of attorneys' fees and costs totaling $150,600 in a homeowners' insurance dispute where the underlying settlement was only $35,000. The appellate court reversed the fee award, finding it was unsupported by compete
• Marchisio v. Carrington Mortg. Servs., LLC
  2016 WL 10568065· S.D. Fla.· 2020-07-29 ·cited 1×
  Plaintiffs settled their lawsuit against a mortgage service company over credit reporting violations for $153,000 after years of litigation and appellate proceedings that resulted in a favorable Eleventh Circuit ruling. The court awarded the plaintiffs $648,000.20 in attorney fee
• State Farm Mut. Auto. Ins. Co. v. Dianya Markovits
  295 So. 3d 355· Fla. 1st DCA· 2020-04-27 ·cited 1×·via Lodestar Fee Calculation
  This case concerns whether attorney's fees incurred after entitlement has been established are recoverable under Florida's offer of judgment statute. The appellate court held that fees incurred in litigating the amount of fees, after entitlement is determined, are not recoverable
• Robert Rauschenberg Found. v. Bennet Grutman
  198 So. 3d 685· Fla. 2d DCA· 2016-01-06 ·cited 1×
  The Robert Rauschenberg Foundation challenges a $24.6 million trustee fee award, arguing fees should be calculated using the lodestar method rather than the West Coast factors test. The court affirms the award, holding that Florida's trustee fee statute incorporates the West Coas
• Bishop v. The Est. OF Edward D. Rossi
  114 So. 3d 235· Fla. 5th DCA· 2013-01-11 ·cited 1×
  The court affirmed entitlement to attorney's fees but reversed the amount awarded, remanding for specific findings on reasonable hours and rates.
• VP Gables, LLC v. Cobalt Grp., Inc.
  597 F. Supp. 2d 1326· S.D. Fla.· 2009-01-28 ·cited 1×
  The District Court affirmed the Magistrate Judge's report in part, reducing the awarded attorneys' fees from the Magistrate's recommendation due to further adjustments in hourly rates for certain counsel.
• Orenshteyn v. Citrix Sys., Inc.
  558 F. Supp. 2d 1251· S.D. Fla.· 2008-04-28 ·cited 1×
  The court adopted the magistrate judge's report and recommendation, awarding $755,663.17 in sanctions and fees, finding this amount reasonable for deterrence and considering the parties' financial abilities.
• Rodriguez v. Amd Grp. of S. Fla., Inc.
  623 F. Supp. 2d 1352· S.D. Fla.· 2007-07-13 ·cited 1×
  The court held that while attorney's fees are mandatory under the FLSA for a prevailing party, the court must ensure the award is reasonable and reduce excessive or unnecessary hours.
• Johnson v. Celotex Corp. (In Re Celotex Corp.)
  232 B.R. 484· M.D. Fla.· 1998-10-26 ·cited 1×
  The court affirmed the Bankruptcy Court's order denying the law firm's request for a fee enhancement, finding no abuse of discretion.
• United States v. Stern
  818 F. Supp. 1521· M.D. Fla.· 1993-04-20 ·cited 1×·via Lodestar Fee
  Relators are entitled to recover 15% of the government's settlement amount, plus attorney's fees and costs, as the relator substantially and independently contributed to the recovery.
• Celeste v. Sullivan
  734 F. Supp. 1009· S.D. Fla.· 1990-04-03 ·cited 1×
  A pro se litigant who prevails in a Social Security Act disability benefits case against the United States can recover attorney's fees under the Equal Access to Justice Act for time spent performing attorney functions, even if not a licensed attorney.
• Davidson Drugs, Inc. v. Staunton R. Harrison
  546 So. 2d 432· Fla. 2d DCA· 1989-06-16 ·cited 1×·via Lodestar Calculation
  The court affirmed judgment for an employee in an age discrimination case under the ADEA and Florida Human Rights Act, rejecting the employee's cross-appeal argument that attorney's fees should be enhanced by a contingency multiplier.
• Dunn v. the Florida Bar
  726 F. Supp. 1261· M.D. Fla.· 1988-08-30 ·cited 1×
  The court held that defeating a motion for summary judgment is not sufficient to establish prevailing party status for attorney's fees, but it can be relevant to establishing a substantial constitutional claim.
• Citizens Prop. Ins. Corp. v. Mirna Rodriguez
  Fla. 3d DCA· 2026-10-28
  A prevailing party may recover attorney's fees calculated at either current market rates or historical rates plus prejudgment interest, but not both, as each remedy compensates for the same harm of delayed payment and combining them creates an unwarranted windfall.
• Liran Zorella v. Pathman Schermer Tandy, LLP
  Fla. 3d DCA· 2026-07-29
  The lodestar method established in Florida Patient's Compensation Fund v. Rowe does not apply to damages awards for breach of an agreement for payment of attorney's fees where the client is the payor.