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

• Martin Cnty. v. Polivka Paving, Inc.
  82 So. 3d 1023· Fla. 4th DCA· 2011-08-17
  Florida appellate court reversed and remanded attorney's fees award in construction contract dispute, requiring trial court to recalculate fees by separating time spent on unsuccessful home office overhead damages claim from successful claims.
• Grover v. Grover
  59 So. 3d 333· Fla. 5th DCA· 2011-04-21
  In this family law appeal, the former wife challenges an order modifying child support and partially denying her attorney's fees request. The appellate court affirms the modification but reverses the denial of fees for the second attorney, finding the trial court applied an overl
• Holman v. Student Loan Xpress, Inc.
  778 F. Supp. 2d 1306· M.D. Fla.· 2011-03-17 ·via Lodestar Analysis
  The court held that while class counsel achieved a laudable settlement, their requested hourly rates and multiplier were not fully supported by the evidence, and thus awarded a reduced amount for fees, costs, and service awards.
• Royal Bahamian Ass'n v. QBE Ins.
  233 F.R.D. 306· S.D. Fla.· 2010-09-03
  The court held that QBE failed to establish the work-product doctrine for documents created before the lawsuit was filed, but that QBE need not produce contracts with its agents or all attorney coverage opinions.
• Brinckherhoff
  Del. Ch.· 2010-01-15
  The Court of Chancery approved a settlement resolving derivative and merger actions, awarding $10 million in attorneys' fees and expenses to plaintiffs' counsel, $100,000 to the lead plaintiff, and $80,000 to objectors' counsel. While expressing initial concerns about the fairnes
• Dent v. Giaimo
  665 F. Supp. 2d 1295· S.D. Fla.· 2009-10-20
  The court affirmed the magistrate judge's recommendation to award partial attorney's fees against plaintiff's counsel, finding that while sanctions were warranted, the full amount requested was excessive.
• Ortiz v. D & W Foods, Inc.
  657 F. Supp. 2d 1328· S.D. Fla.· 2009-09-22
  The court held that plaintiff's counsel unreasonably and vexatiously multiplied proceedings by filing a frivolous FLSA action, warranting an award of attorney's fees against counsel.
• Peress v. Wand
  597 F. Supp. 2d 1320· S.D. Fla.· 2008-12-17
  The court held that its prior award of attorney's fees and costs was reasonable and denied the plaintiff's motion for reconsideration.
• Int'l Painters & Allied Trades Indus. Pension Fund v. Aragones
  643 F. Supp. 2d 1329· M.D. Fla.· 2008-06-12
  The court adopted the magistrate judge's recommendation, granting default judgment against the defendant for overpaid benefits, interest, and attorney's fees.
• Lane v. Cap. Acquisitions & Mgmt. Co.
  554 F. Supp. 2d 1345· S.D. Fla.· 2008-05-09
  The District Court affirmed the Magistrate Judge's Report and Recommendation, partially granting and partially denying the Plaintiffs' motion for attorney's fees.
• Wallace v. Kiwi Grp., Inc.
  195 F. Supp. 504· M.D. Fla.· 2008-01-03
  Default judgment is entered against defendants for FLSA minimum wage and overtime violations, awarding damages, attorney's fees, and costs to the plaintiffs.
• Jones v. Astrue
  533 F. Supp. 2d 1206· M.D. Fla.· 2007-07-30
  The court held that the requested contingency fee of twenty-five percent of past-due benefits was reasonable under 42 U.S.C. § 406(b), considering the attorney's expertise, case complexity, and risk of loss.
• Am. Atheists, Inc. v. City of Starke
  509 F. Supp. 2d 1221· M.D. Fla.· 2007-06-21
  The court granted plaintiffs' motion for attorney fees in part and denied their motion for sanctions, awarding a reduced amount of fees and costs based on the lodestar method and statutory limitations.
• JAY v. Trazenfeld
  952 So. 2d 635· Fla. 4th DCA· 2007-04-04
  Two co-counsel disputed the division of a contingency fee earned in a legal malpractice case. The trial court awarded the entire fee to Trazenfeld and dissolved Jay's charging lien, but the appellate court reversed, holding that Jay is entitled to 25% of the fee based on an oral
• Immedient Corp. v. HealthTrio, Inc.
  Del. Super. Ct.· 2007-03-05
  The court granted Plaintiff's application for attorneys' fees in part, awarding $674,382.20, plus fees for the fee application and pre- and post-judgment interest. Defendant's motion for limited discovery on the attorneys' fees issue was denied. Costs were deferred pending a form
• In & for New Castle Cnty. Elite Cleaning Co., Inc.
  Del. Ch.· 2006-11-20
  The court granted the defendant's petition for attorneys' fees in the amount of $10,003.50 for his successful Fair Labor Standards Act (FLSA) overtime claim. While the defendant sought $25,352.50, the court reduced the lodestar amount by 40% due to the plaintiff's partial success
• Gray v. Fla. First Fin. Grp., Inc.
  359 F. Supp. 2d 1316· M.D. Fla.· 2005-03-02 ·via Lodestar Calculation
  The court held that the plaintiff's requested attorney's fees and costs were reasonable and warranted under the FDCPA, granting the motion for an award.
• Homer & Bonner, P.A. v. Miami-Dade Cnty.
  884 So. 2d 425· Fla. 3d DCA· 2004-09-29
  Homer & Bonner, P.A. and other parties appealed a trial court's approval of a class action settlement involving parking surcharges paid to the City of Miami. The court affirmed the substantive portion of the $14 million settlement but reversed the trial court's award of $8.6 mill
• Perry v. Orange Cnty.
  341 F. Supp. 2d 1197· M.D. Fla.· 2004-08-27
  The court adopted the Magistrate Judge's recommendation to award attorneys' fees to the prevailing defendants, but denied sanctions against Plaintiffs' counsel personally, finding their conduct did not rise to the level of contempt.
• Allstate Indem. Co. v. Hicks
  880 So. 2d 772· Fla. 5th DCA· 2004-06-25 ·via Lodestar Fee
  Allstate sought certiorari review of a circuit court decision that affirmed an award of attorney's fees for time spent litigating whether a fee multiplier should be applied in a PIP insurance dispute. The Florida appellate court held that time spent litigating the appropriateness
• Neumont v. Monroe Cnty.
  15 Alaska 537· S.D. Fla.· 2004-02-13
  Plaintiffs are entitled to recover reasonable attorneys' fees and expenses incurred in making their motions to compel discovery, but the amount awarded is reduced from the requested amount.
• Sterling Casino Lines, L.P. v. Chestnut
  825 So. 2d 484· Fla. 5th DCA· 2002-08-30
• Solutia, Inc. v. Forsberg
  221 F. Supp. 2d 1280· N.D. Fla.· 2002-08-08
  The court adopted the magistrate judge's recommendation to award attorney fees and expenses to White & Case, LLP, adjusting hourly rates and considering the lodestar method.
• James G. DOW & Nancy Dow v. McKINLEY
  776 So. 2d 1017· Fla. 5th DCA· 2001-01-19 ·via Lodestar Fee Calculation
  The trial court abused its discretion by failing to consider reducing the attorney's fee award based on the extent of the prevailing party's success and by awarding non-taxable costs.
• Peacock v. Bank of Am. Corp.
  133 F. Supp. 2d 1322· M.D. Fla.· 2000-12-19
  The court held that the provision in the employment agreement requiring the company to pay the executive's legal fees and expenses incurred in enforcing the agreement is not void as against public policy and is enforceable.
• Alvarado v. Cassarino
  706 So. 2d 380· Fla. 2d DCA· 1998-02-18 ·via Lodestar Fee Calculation
  The trial court erred by enhancing the lodestar attorney's fee figure by both a results obtained factor and a contingency risk multiplier.
• Hanel v. Crossland Mortg. Corp.
  703 So. 2d 1120· Fla. 2d DCA· 1997-11-12
  Hanel appealed a summary foreclosure judgment entered against her for misrepresentations in a loan application. The court affirmed the foreclosure judgment but partially reversed the award of attorney's fees, finding that the trial court failed to properly segregate fees related
• Dep't OF Transp. v. Winter Park Golf Club, Inc.
  687 So. 2d 970· Fla. 5th DCA· 1997-02-18
  The Florida Department of Transportation appealed a trial court's award of attorney's fees and appraisal fees in an aborted eminent domain action where DOT took and then relinquished a sidewalk easement from Winter Park Golf Club property. The appellate court affirmed the award a
• Apgar & Markham Constr. OF Fla., Inc. v. Apgar
  684 So. 2d 284· Fla. 3d DCA· 1996-12-11 ·via Lodestar Fee Calculation
  In a shareholder derivative action, the appellate court affirmed the award of attorney's fees to the plaintiff but reversed and remanded regarding the calculation methodology. The court held that fees were properly awardable because the action benefited the corporation rather tha
• Hawkins Sandblasting, Inc. v. Jacksonville Shipyards, Inc.
  668 So. 2d 1042· Fla. 1st DCA· 1996-02-15 ·via Lodestar Amount
  Hawkins Sandblasting appeals a judgment requiring it to indemnify Jacksonville Shipyards for attorneys' fees, defense costs, and settlement amounts arising from an employee injury claim. The court affirms, holding that the indemnification clause in the subcontract was broad enoug
• Dyer v. DAN Goodman, Inc.
  664 So. 2d 9· Fla. 4th DCA· 1995-10-18
  The court affirmed an award of attorney's fees to the prevailing party in a defaulted note action, holding that reasonable attorney's fees may be awarded even when the primary judgment remains uncollected and the fee agreement is contingent, provided the fee does not exceed the c
• Spradley v. Notami Hosps. of Fla., Inc.
  809 F. Supp. 851· M.D. Fla.· 1995-03-24
  Plaintiffs are entitled to an award of attorneys' fees and costs, calculated based on reasonable hours expended by their attorneys at a reasonable hourly rate, and reasonable costs, with a deduction for inadequately documented law clerk time.
• Richardson v. Merkle
  646 So. 2d 289· Fla. 2d DCA· 1994-12-02 ·via Lodestar Amount
  The court held that entitlement to attorneys' fees under section 57.105 is affirmed, but the application of a contingency risk multiplier to such an award is improper.
• Sussman v. Salem, Saxon, & Nielsen, P.A.
  133 F.R.D. 527· M.D. Fla.· 1994-01-25
  The court awarded reasonable attorney's fees and costs to the defendants for Rule 11 sanctions, but denied fees and costs assessed by one attorney due to non-compliance and excessive billing.
• In re Young v. Nat'l Union Fire Ins. Co. of Pittsburgh
  995 F.2d 547· 5th Cir.· 1993-06-29
  The court held that a debt obtained by a materially false written financial statement is nondischargeable in bankruptcy, and that attorney's fees awarded under an indemnity agreement are subject to New York's reasonableness standard.
• In re Lederman Enters., Inc., Debtor. Rubner & Kutner, P.C. v. U.S. Trustee
  997 F.2d 1321· 10th Cir.· 1993-06-29 ·via Lodestar Analysis
  The court held that bankruptcy courts have discretion to award fees only for actual, necessary services that benefit the estate, and that denial of fees for services that provided no demonstrable benefit was not an abuse of discretion.
• Leo and Arlene Zuchel v. The City & Cnty. OF Denver
  997 F.2d 730· 10th Cir.· 1993-06-23
  The court held that the evidence was sufficient to support the jury's verdict that the City of Denver was liable for the unconstitutional death of Leonard Zuchel due to inadequate training and deliberate indifference.
• M.C. Jeffers v. Clinton
  992 F.2d 826· 8th Cir.· 1993-05-07
  The court held that the notice of appeal provided fair notice to the appellees that the State of Arkansas and its officials were appealing the fee award, and that contingency enhancements to attorneys' fees are impermissible under City of Burlington v. Dague.
• Durant v. Indep. Sch. Dist. NO. 16 of Leflore Cnty.
  990 F.2d 560· 10th Cir.· 1993-04-05
  The court held that Ms. Durant's due process claim was extinguished by a prior ruling, but affirmed the jury's verdict on her First Amendment claim. The court remanded for reconsideration of attorney's fees.
• Cary Terry, Jr. v. Carlton Mfg., Inc.
  610 So. 2d 703· Fla. 1st DCA· 1992-12-22
  Cary Terry appealed a judgment on attorney's fees in his age discrimination action against Carlton Manufacturing. The appellate court affirmed the trial court's denial of a contingency multiplier and its limitation on expert witness fees, but reversed the arbitrary deduction of 1
• Dague v. City OF Burlington
  976 F.2d 801· 2d Cir.· 1992-10-02
  The court held that, absent unusual circumstances, the district court should normally decide attorney's fee issues, including the amount of recovery, prevailing party status, and adjustments for delay in payment.
• Broyles v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor & Benefits Review Bd. of the United States Dep't of Labor
  974 F.2d 508· 4th Cir.· 1992-09-03
  The court held that the attorneys' claimed fees were excessive and unreasonable given the simplicity of the issues, the state of the law, and the duplication of effort, and therefore reduced the awarded fees significantly.
• Roysworth D. Grant v. Martinez
  973 F.2d 96· 2d Cir.· 1992-08-18
  The court held that the district court did not abuse its discretion in calculating the lodestar amount for attorneys' fees, nor in refusing to adjust the award downward for limited success, as the settlement provided significant benefits and established important precedent.
• Krig v. Sullivan
  122 F.R.D. 14· N.D. Fla.· 1992-07-06
  A court must use the lodestar method, not solely a contingency fee contract, to determine a reasonable attorney's fee under 42 U.S.C. § 406(b), considering the contract as only one factor.
• Bodine v. Fed. Kemper Life Assurance Co.
  138 B.R. 88· M.D. Fla.· 1992-04-02 ·via Lodestar Analysis
  The court held that the attorney's charging lien should be calculated on a quantum meruit basis, and prejudgment interest should accrue from the date of the attorney's discharge, not the initial trial judgment.
• Refuse & Env't Sys., Inc. v. Indus. Servs. OF Am., Inc.
  932 F.2d 37· 1st Cir.· 1991-04-29
  The court held that there was insufficient evidence to support the slander verdict against Freedman individually, but affirmed the abuse of process finding. The Chapter 93A damages and attorney's fees awards were vacated and remanded for recalculation.
• Williams v. Kingston Shipping Co., Inc.
  925 F.2d 721· 4th Cir.· 1991-02-07
  The majority erred in awarding full attorney fees for all claims, as fee-shifting in maritime law is narrowly limited to specific circumstances not present here.
• Executive 100, Inc. v. Martin Cnty.
  739 F. Supp. 1521· S.D. Fla.· 1990-06-27
  The court determined the reasonable attorney's fee award under 42 U.S.C. § 1988 and Federal Rule of Civil Procedure 11, allocating half the award to the plaintiffs and half to their counsel.
• Knagge v. Sullivan
  735 F. Supp. 411· M.D. Fla.· 1990-04-12
  The court deferred ruling on the attorney fee petition pending an investigation into the propriety of filing for fees under the Equal Access to Justice Act (EAJA), as counsel has a duty to explore all fee recovery options for the client.
• Johnson v. Verne ORR
  897 F.2d 128· 3d Cir.· 1990-03-01
  An order awarding attorneys' fees, entered after a final merits judgment that was certified under Rule 54(b) and affirmed on appeal, is itself a final judgment for appeal purposes, even if other claims remained pending.