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

• Nat'l Wildlife Fed'n v. Hanson
  859 F.2d 313· 4th Cir.· 1988-10-14 ·cited 30×
  The court affirmed the award of attorneys' fees to NWF under the Clean Water Act, finding them a prevailing party, but vacated the fee computation based on current rates, remanding for recalculation using historic rates.
• Doering v. Union Cnty. Bd. OF Chosen Freeholders
  857 F.2d 191· 3d Cir.· 1988-09-14 ·cited 30×·via Lodestar Calculation
  The court affirmed the finding of a Rule 11 violation and the lodestar calculation for attorney's fees but vacated the monetary sanction amount, remanding for consideration of mitigating factors.
• Perkins v. Mobile Hous. Bd.
  847 F.2d 735· 11th Cir.· 1988-06-20 ·cited 30×
  The court held that the district court abused its discretion in determining the hourly rate and reducing the hours expended without adequate explanation, requiring remand for reconsideration. However, the court affirmed the district court's deduction for partial success.
• Save OUR Cumberland Mountains, Inc. v. Hodel
  826 F.2d 43· D.C. Cir.· 1987-08-07 ·cited 30×
  The court held that while Laffey v. Northwest Airlines, Inc. is binding precedent, the specific fee calculation for Galloway should be reexamined in light of its potential inconsistency with Blum v. Stenson and congressional intent.
• Rubie Rogers v. Okin
  821 F.2d 22· 1st Cir.· 1987-06-12 ·cited 30×
  The court held that plaintiffs were prevailing parties, but current hourly rates could not be used to compensate for delay due to Eleventh Amendment immunity; historical rates must be applied, and a deduction is made for duplicative fee litigation hours.
• Jannie Hall and Guardian Ad Litem for Charles Hall v. Borough OF Roselle
  747 F.2d 838· 3d Cir.· 1984-11-02 ·cited 30×
  The court held that an upward adjustment to attorney's fees for the contingent nature of the fee or perceived case difficulty was not justified when liability was clear and no specific hurdles were demonstrated.
• Gweldon Lee Paschall and All Intervenors v. The Kan. City Star Co.
  695 F.2d 322· 8th Cir.· 1982-12-20 ·cited 30×
  The court held that the newspaper's change to an agency distribution system, based on legitimate business justifications and producing no unreasonable anticompetitive effects, did not violate Section 2 of the Sherman Act.
• Progressive Express Ins. Co. v. Schultz
  948 So. 2d 1027· Fla. 5th DCA· 2007-02-23 ·cited 29×
  Progressive Express Insurance Company sought certiorari review of a fee award in a PIP insurance dispute where the county court awarded attorney's fees of $193,750 (including a 2.5x multiplier) for pursuing a claim involving only $1,315.30 in unpaid chiropractic bills. The Fifth
• Tomazzoli v. Sheedy
  804 F.2d 93· 7th Cir.· 1986-10-24 ·cited 29×
  The court held that the district court did not abuse its discretion in awarding attorney's fees, finding the hourly rate and reduced hours to be reasonable given the evidence presented.
• Efrain MacEira v. Pagan
  698 F.2d 38· 1st Cir.· 1983-01-18 ·cited 29×
  The court held that the district court did not err in calculating attorneys' fees using the lodestar method, including hourly rates for out-of-state specialists and adjustments for contingency and quality of representation.
• Zegers v. Countrywide Mortg. Ventures, LLC
  569 F. Supp. 2d 1259· M.D. Fla.· 2008-07-28 ·cited 28×
  The court held that it has jurisdiction to review attorney's fees in FLSA settlements and that a 40% contingency fee agreement is unenforceable as it contravenes the FLSA's purpose of ensuring full compensation to employees.
• Dague v. City OF Burlington
  935 F.2d 1343· 2d Cir.· 1991-06-12 ·cited 28×
  The court held that the notice and delay requirements for citizen suits under RCRA and CWA do not mandate dismissal of a "hybrid" complaint alleging both hazardous waste (subchapter III) and non-hazardous waste violations, provided notice was given and the claims are factually re
• Ruggiero v. Krzeminski
  928 F.2d 558· 2d Cir.· 1991-03-18 ·cited 28×
  The court held that the 'plain view' doctrine does not validate warrantless searches, and the trial court did not err in its jury instructions or in awarding nominal damages and attorney's fees.
• Riesgo v. Ira Weinstein
  523 So. 2d 752· Fla. 2d DCA· 1988-04-15 ·cited 28×
  Riesgo appeals from an order awarding his discharged attorney, Weinstein, $30,000 in fees under a contingency contract. The court reverses and remands, holding that an attorney discharged before case conclusion can recover only the reasonable value of services rendered on a quant
• What AN Idea, Inc. v. Sitko
  505 So. 2d 497· Fla. 1st DCA· 1987-03-18 ·cited 28×
  The First District Court of Appeal affirmed a $1.75 million attorney's fee award to claimant's counsel in a workers' compensation case involving a catastrophic quadriplegic injury with $17.6 million in present-value benefits secured, and reversed the deputy commissioner's order a
• Rose v. State OF Neb.
  748 F.2d 1258· 8th Cir.· 1984-11-26 ·cited 28×
  The court held that attorney's fees are not recoverable for state administrative proceedings under EAHCA when the fee claim is based on § 1983, and modified the award to exclude the State and its Board as entities due to Eleventh Amendment immunity.
• Jordan v. United States Dep't of Just.
  691 F.2d 514· D.C. Cir.· 1982-10-05 ·cited 28×
  The court held that the District Court erred in wholly denying attorneys' fees under FOIA, and that fees for supervised law student work are compensable based on market value.
• Avalon Cinema Corp. v. Reed W. Thompson
  689 F.2d 137· 8th Cir.· 1982-09-03 ·cited 28×
  The court held that while attorneys' fees are recoverable under 42 U.S.C. § 1988, the hourly rates requested for out-of-town counsel were excessive and reduced them to a reasonable amount based on community standards. The court disallowed hours spent on correcting errors in filin
• Wulf v. The City OF Wichita
  883 F.2d 842· 10th Cir.· 1989-10-31 ·cited 27×
  The court held that the plaintiff's termination for insubordination, after refusing to answer questions in an internal investigation without an attorney, did not violate his First Amendment rights, but the punitive damages against the Chief of Police were reversed.
• Cabrales v. Cnty. OF LOS Angeles
  864 F.2d 1454· 9th Cir.· 1988-12-28 ·cited 27×
  The court affirmed the denial of the JNOV motion, the denial of summary judgment, and the jury verdict, finding that the defendants waived sufficiency of evidence arguments by failing to move for a directed verdict. The court also affirmed the attorneys' fees award, finding no ab
• Greater LOS Angeles Council ON Deafness v. Community Television OF Southern California
  813 F.2d 217· 9th Cir.· 1987-03-18 ·cited 27×
  The court held that while plaintiffs prevailed for attorney's fees, the award must be reduced to reflect their limited success, and the finding of bad faith litigation was erroneous.
• Spanish Action Comm. OF Chicago v. City OF Chicago
  811 F.2d 1129· 7th Cir.· 1987-02-10 ·cited 27×
  The court affirmed the district court's substantial reduction in attorney's fees but remanded for an award of specific paralegal fees and witness costs, finding the district court's calculation method for attorney's fees, while potentially procedurally flawed, was not an abuse of
• Int'l Woodworkers OF Am., AFL-CIO v. Donovan
  792 F.2d 762· 9th Cir.· 1985-08-28 ·cited 27×
  The court held that attorneys' fees and costs were properly awarded under the EAJA, but post-judgment interest on the fee award was not authorized.
• Williams v. Tri-County Growers, Inc.
  747 F.2d 121· 3d Cir.· 1984-10-22 ·cited 27×
  The court held that the employer violated FLSA record-keeping requirements and FLCRA provisions regarding statements of sums paid and record maintenance, but remanded the issue of liquidated damages under FLSA for further findings. The court also reversed the denial of a claim fo
• In re Continental Illinois Securities Litigation: Fred L. Steinlauf v. Cont'l Ill. Corp.
  962 F.2d 566· 7th Cir.· 1992-04-22 ·cited 26×
  The court held that the district court erred in substantially reducing the attorneys' fees requested by class counsel by improperly applying hourly rate ceilings, disallowing market rates for paralegals and computerized research, failing to award a risk multiplier, and making arb
• Rendon v. AT & T Techs.
  883 F.2d 388· 5th Cir.· 1989-09-18 ·cited 26×
  The court held that statistical evidence showing a disparity of 2.9 standard deviations, combined with anecdotal evidence, was sufficient to support a finding of discriminatory promotions under Title VII and Section 1981. The court also affirmed the attorney's fee award, but vaca
• Lawrence M. Abrams, M.D. v. Baylor Coll. OF Med.
  805 F.2d 528· 5th Cir.· 1986-12-08 ·cited 26×
  The court held that the district court's method of calculating attorneys' fees, even if not perfectly aligned with the majority's preferred sequence, was not an abuse of discretion, and the upward adjustment was permissible.
• Coulter v. State OF Tenn.
  805 F.2d 146· 6th Cir.· 1986-10-29 ·cited 26×
  The court held that the district court did not err in reducing hourly rates but erred in disallowing hours spent on a successful summary judgment motion.
• Constantine John Gekas v. Attorney Registration & Disciplinary Comm'n OF the Supreme Court OF Ill. & Carl H. Rolewick
  793 F.2d 846· 7th Cir.· 1986-06-12 ·cited 26×
  The court held that Gekas was a prevailing party entitled to attorney's fees under 42 U.S.C. § 1988, but vacated the fee award due to inadequate explanation and remanded for recalculation.
• Underwood v. Pierce
  761 F.2d 1342· 9th Cir.· 1985-05-23 ·cited 26×
  The court held that attorneys' fees are awardable under the Equal Access to Justice Act for both litigation and settlement administration services, and that hourly rates exceeding $75 are permissible if justified by special factors, but a multiplier cannot be applied to EAJA awar
• DiFILIPPO v. Tullio Morizio
  759 F.2d 231· 2d Cir.· 1985-04-05 ·cited 26×·via Lodestar Amount
  The court held that a district court cannot reduce a lodestar attorney's fee award based solely on the low amount of damages recovered if the award is typical for similar cases, and that the reasonableness of hours expended must be judged by private bar standards.
• McCullough v. Astrue
  565 F. Supp. 2d 1327· M.D. Fla.· 2008-07-02 ·cited 25×
  The court held that the plaintiff is entitled to attorney fees under the Equal Access to Justice Act, and that the fees are payable directly to the plaintiff's attorney.
• Giltex Corp. v. Diehl
  583 So. 2d 734· Fla. 1st DCA· 1991-07-23 ·cited 25×
  Giltex Corporation appealed an attorney's fee award in a contract dispute over real estate, arguing the trial court failed to comply with the Rowe standard requiring specific findings on hourly rate, hours expended, and enhancement/reduction factors. The court reversed and remand
• Weinberger v. Great N. Nekoosa Corp.
  925 F.2d 518· 1st Cir.· 1991-02-11 ·cited 25×
  A district court should ordinarily exercise its equitable jurisdiction to review attorneys' fee applications in class actions, even without a common fund, and must scrutinize them for fairness and reasonableness, not merely rubber-stamp them. The court did not err in denying the
• DeSisto Coll., Inc. v. Town of Howey-In-The-Hills
  718 F. Supp. 906· M.D. Fla.· 1989-06-29 ·cited 25×
  The court held that prevailing defendants are entitled to costs under 28 U.S.C. § 1920 and § 1821, but not attorney's fees under 42 U.S.C. § 1988 unless the plaintiff's claim was frivolous, which it found to be the case here.
• Chrysler Corp. v. Weinstein
  522 So. 2d 894· Fla. 3d DCA· 1988-02-23 ·cited 25×
  The court held that the trial court did not err in awarding attorney's fees, including an enhancement factor, based on the lodestar method and the contingency risk.
• Good Samaritan Hosp. Ass'n, Inc. v. Auvel Saylor and Margaret Saylor
  495 So. 2d 782· Fla. 4th DCA· 1986-09-17 ·cited 25×
  Good Samaritan Hospital appeals a $4 million wrongful death judgment and $1.1 million attorney's fee award in a medical malpractice case where liability was admitted and only damages were contested. The Fourth District Court of Appeal affirms both the damages award and attorney's
• Broward Cnty. v. LaPOINTE
  685 So. 2d 889· Fla. 4th DCA· 1996-11-13 ·cited 24×·via Lodestar Amount
  In this eminent domain appeal, Broward County challenged the trial court's award of attorney's fees to the LaPointes' counsel in a property condemnation dispute involving environmental contamination issues. The Fourth District Court of Appeal affirmed the trial court's calculatio
• Seminole Cnty. v. Butler
  676 So. 2d 451· Fla. 5th DCA· 1996-05-24 ·cited 24×
  Seminole County appealed a trial court's awards of attorneys' fees in an eminent domain action involving the taking of property owned by Butler, with leasehold interests held by Superwash Systems and Florida Express Lubes. The court reversed and remanded, holding that the trial c
• Romberg v. Nichols
  953 F.2d 1152· 9th Cir.· 1992-01-13 ·cited 24×
  The Rombergs are prevailing parties entitled to a fee award under 42 U.S.C. § 1988 because they succeeded on a significant issue that altered the legal relationship with the defendants.
• Cuban Museum of Arts & Culture, Inc. v. City of Miami
  771 F. Supp. 1190· S.D. Fla.· 1991-08-09 ·cited 24×
  The court held that while plaintiffs are entitled to attorneys' fees and costs, certain hours and expenses were not reasonably incurred and must be reduced from the requested amount.
• McKENZIE v. Kennickell
  875 F.2d 330· D.C. Cir.· 1989-05-23 ·cited 24×
  The court held that a quality enhancement for attorney's fees was appropriate based on specific evidence of superior legal service, but a contingency enhancement was not warranted due to a misinterpretation of controlling legal standards.
• Fashion Tile & Marble, Inc. v. Alpha ONE Constr. & Assocs., Inc.
  532 So. 2d 1306· Fla. 2d DCA· 1988-10-26 ·cited 24×
  The court held that while a trial court has discretion to consider 'results obtained' when awarding attorney's fees, it erred by limiting the fee to a percentage of the damages recovered and by failing to make necessary findings when reducing the lodestar based on unsuccessful cl
• Travelers Indem. Co. v. Sotolongo
  513 So. 2d 1384· Fla. 3d DCA· 1987-10-27 ·cited 24×·via Lodestar Fee
  Travelers Indemnity Company appealed a trial court's award of attorney's fees of $28,125 where the client's recovery was only $6,793 in a homeowners insurance claim for stolen property. The court reversed, holding that trial courts are not obligated to apply a contingency risk mu
• Mrs. Tobie Brantley v. M.F. Surles
  804 F.2d 321· 5th Cir.· 1986-11-17 ·cited 24×
  The court affirmed the district court's awards for backpay and attorney's fees, finding no clear error or abuse of discretion in the calculations or application of legal standards.
• Planned Parenthood OF Central AND Northern Arizona v. The State OF Ariz.
  789 F.2d 1348· 9th Cir.· 1986-05-15 ·cited 24×
  The court held that the district court properly granted summary judgment on the constitutionality of the statute's second paragraph and that the award of attorneys' fees should be affirmed in part and reversed in part, specifically reversing the use of a multiplier.
• Moore v. City OF DES Moines
  766 F.2d 343· 8th Cir.· 1985-06-25 ·cited 24×
  The court held that the City failed to demonstrate the district court abused its discretion in awarding attorneys' fees and expenses, affirming the judgment.
• Romeo Gabriele v. Bradford Southworth
  712 F.2d 1505· 1st Cir.· 1983-07-25 ·cited 24×
  The court modified the fee award, reducing the total amount due to excessive hours claimed for certain tasks and a lower hourly rate for fee-related work.
• Universal Prop. & Cas. Ins. Co. v. Raghunath Deshpande
  314 So. 3d 416· Fla. 3d DCA· 2020-11-12 ·cited 23×
  Universal Property & Casualty Insurance Company appealed a trial court's award of $441,805.14 in attorneys' fees and costs in a first-party property insurance case. The appellate court reversed, finding the fee award was excessive and unsupported by competent, substantial evidenc
• McCARTHY Bros. Co. v. Tilbury Constr., Inc.
  849 So. 2d 7· Fla. 1st DCA· 2003-03-10 ·cited 23×·via Lodestar Amount
  McCarthy Brothers appealed a jury verdict awarding Tilbury Construction $374,709.00 for breach of a subcontract, and attorney's fees awards to both Tilbury and surety Nobel Insurance. The appellate court reversed the damages award as excessive, reduced the attorney's fee multipli