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

• Edsel Gusman v. Unisys Corp.
  986 F.2d 1146· 7th Cir.· 1993-02-25 ·cited 4×·via Lodestar Calculation
  The court affirmed the judgment on the merits but vacated the award of attorneys' fees, remanding for further proceedings.
• Gilleo v. City OF Ladue
  986 F.2d 1180· 8th Cir.· 1993-02-22 ·cited 4×·via Lodestar Amount
  The court held that Ladue's sign ordinance is unconstitutional because it is content-based and not narrowly tailored to serve a compelling interest, but modified the attorneys' fee award by vacating the enhancement for contingency.
• Dunlap-McCULLER v. The Riese Org.
  980 F.2d 153· 2d Cir.· 1992-11-25 ·cited 4×
  The court held that a district court's grant of a motion for a new trial based on a verdict against the clear weight of the evidence is generally non-reviewable under Second Circuit precedent.
• Est. OF Daniel A. Borst v. River Grove Police Officer Richard O'Brien
  979 F.2d 511· 7th Cir.· 1992-11-06 ·cited 4×
  The court held that the district court did not abuse its discretion in awarding attorney fees, but costs must be reduced by the amount of non-recoverable travel expenses.
• Greseth v. Dep't of Health & Rehabilitative Servs.
  604 So. 2d 530· Fla. 4th DCA· 1992-08-05 ·cited 4×·via Lodestar Amount
  The court held that PERC erred in refusing to grant a hearing on attorney's fees when material facts were disputed, and that career service appeals fall into a category where contingent fee multipliers may be appropriate.
• In re Boddy v. United States Bankr. Court
  950 F.2d 334· 6th Cir.· 1991-12-05 ·cited 4×
  The court held that a bankruptcy court abused its discretion by applying a fixed 'normal and customary' fee standard instead of the lodestar method for calculating attorney's fees.
• In re Est. OF Harvey S. Warwick
  586 So. 2d 327· Fla.· 1991-10-03 ·cited 4×
  The Florida Supreme Court reviewed an estate attorney's fee of $54,000 (approximately 2.75% of a $1.89 million estate) and held that the lodestar method—calculating fees based on reasonable hours and hourly rates—must be applied to attorney's fees in estate proceedings, rejecting
• Jacquelyn L. Morris v. Am. Nat'l CAN Corp.
  941 F.2d 710· 8th Cir.· 1991-08-14 ·cited 4×·via Lodestar Amount
  The court held that the district court did not err in terminating backpay at the time of the reinstatement offer and in its calculation of backpay damages, but did err in denying an enhancement for attorney fees based on the contingent risk of litigation.
• Cowan v. The Prudential Ins. Co. OF Am.
  935 F.2d 522· 2d Cir.· 1991-06-12 ·cited 4×
  The court held that a reasonable attorney's fee under 42 U.S.C. § 1988, calculated via the lodestar method, should not be reduced solely for proportionality to a low damage award, and that the district court erred in reducing the fee based on such a proportionality requirement.
• H.J. Inc. v. Flygt Corp.
  925 F.2d 257· 8th Cir.· 1991-02-06 ·cited 4×
  The court affirmed the district court's award of attorney's fees, finding no abuse of discretion in reductions for limited success and inadequate documentation, and affirmed the award of post-judgment interest from the date of the original judgment.
• Tang How v. Edward J. Gerrits, Inc.
  756 F. Supp. 1540· S.D. Fla.· 1991-01-22 ·cited 4×
  The court adopted the magistrate's recommendation to award attorney's fees and costs, finding the plaintiff entitled to fees under the contract despite initially electing a quantum meruit theory, and reducing the requested costs based on federal law and reasonableness.
• OLD S. Life Ins. Co. v. Kirby
  563 So. 2d 706· Fla. 5th DCA· 1990-04-12 ·cited 4×
  Old Southern Life Insurance Company appeals a jury verdict in favor of William Kirby and the trial court's award of attorney's fees. The court affirmed the jury verdict but reversed and remanded the attorney's fees award because the trial judge failed to provide specific findings
• Cooper v. State OF Utah
  894 F.2d 1169· 10th Cir.· 1990-01-24 ·cited 4×
  The District Court erred in reducing attorney fees awarded under 42 U.S.C. § 1988 based on the simplicity of issues and settlement attempts.
• Ackerley Commc'ns OF Mass., Inc. v. City OF Somerville
  901 F.2d 170· 1st Cir.· 1990-01-16 ·cited 4×
  The court held that while Ackerley was entitled to attorney's fees as a prevailing party, the requested amount was unreasonable due to excessive hours, switching to more expensive counsel, and lack of record support for hourly rates.
• Executive Square, Ltd. v. Delray Executive Square, Ltd.
  553 So. 2d 803· Fla. 4th DCA· 1989-12-28 ·cited 4×
  The trial court's order awarding attorney's fees is reversed because it failed to make specific findings of fact to support the application of a contingency risk multiplier.
• The Franklin Cnty. Sch. Bd. v. Page
  540 So. 2d 891· Fla. 1st DCA· 1989-03-23 ·cited 4×
  The court held that while damages were properly awarded under 42 U.S.C. § 1983, the attorney's fees were calculated using an improper state standard instead of the applicable federal standard.
• Krieger v. Gold Bond Bldg. Prods.
  863 F.2d 1091· 2d Cir.· 1988-12-19 ·cited 4×
  The court held that the enhancement of attorney's fees was unwarranted, but affirmed the district court's findings of gender discrimination and liability.
• Glass v. Sec'y OF Health & Human Servs.
  822 F.2d 19· 6th Cir.· 1987-06-24 ·cited 4×
  The court held that the district court abused its discretion by failing to exercise its discretion in awarding attorney's fees, necessitating a remand.
• Ridenour v. Montgomery Ward & Co.
  786 F.2d 867· 8th Cir.· 1986-03-21 ·cited 4×
  The court affirmed the denial of judgment n.o.v. on the age discrimination claim and the award of emotional distress damages, but struck the enhanced portion of the attorney fee award.
• United States v. Certain Real Prop. Located at 4880 S.E. Dixie Hwy.
  628 F. Supp. 1467· S.D. Fla.· 1986-02-21 ·cited 4×
  The court held that claimants were prevailing parties entitled to attorney's fees and costs under the Equal Access to Justice Act (EAJA) because the government's position was not substantially justified.
• Morrow v. Finch
  642 F.2d 823· 5th Cir.· 1981-04-15 ·cited 4×
  The court held that the district court erred in its attorneys' fee calculation by improperly reducing hours and rates and by failing to make required findings, and thus fixed the fees itself.
• David v. The City OF Scranton
  633 F.2d 676· 3d Cir.· 1980-10-29 ·cited 4×·via Lodestar Calculation
  The court held that a district court must determine the reasonableness of attorneys fees for litigating an opposed fee application when an award for the underlying litigation has been made.
• Paz v. Salsas of Titusville Corp.
  2024 WL 1494306· M.D. Fla.· 2024-07-31 ·cited 3×
  The court denied the plaintiff's motion for default judgment because it lacked sufficient detail and legal authority regarding damages, attorney's fees, and costs.
• Westaway v. Wells Fargo Bank
  230 So. 3d 505· Fla. 2d DCA· 2017-09-01 ·cited 3×
  Debra Westaway appealed a trial court's reduction of her attorneys' hourly rate in a foreclosure defense case she won. The appellate court held that the trial court abused its discretion by reducing the requested $325/hour rate to $200-$250/hour without proper findings on the rel
• Amanzimtoti Props., LLC. v. Ocwen Loan Servicing, LLC.
  204 So. 3d 468· Fla. 4th DCA· 2016-06-22 ·cited 3×·via Lodestar Analysis
  The court held that an award of attorney's fees, even a flat fee, requires an evidentiary hearing unless the right to one is waived, and such an award must be supported by substantial competent evidence.
• Moya v. Moya
  118 So. 3d 916· Fla. 3d DCA· 2013-07-31 ·cited 3×·via Lodestar Amount
  The court held that the trial court erred in awarding attorney's fees as a sanction without demonstrating compliance with statutory and case law requirements regarding financial resources and fee computation.
• Dail v. George A. Arab Inc.
  391 F. Supp. 2d 1142· M.D. Fla.· 2005-09-27 ·cited 3×
  The court approved the parties' settlement of an FLSA claim, finding it fair and reasonable despite potentially high attorney fees, because the defendant agreed to the terms and the settlement provided certainty.
• United States v. Aisenberg
  247 F. Supp. 2d 1272· M.D. Fla.· 2003-01-31 ·cited 3×
  The court held that the government's concession of liability under the Hyde Amendment was valid, and the determination of reasonable attorney's fees and litigation expenses would proceed.
• Gulfstream III Assocs., Inc. v. Gulfstream Aerospace Corp.
  995 F.2d 414· 3d Cir.· 1993-05-18 ·cited 3×
  The court held that attorneys' fees are recoverable under the Clayton Act even if the trebled verdict is offset by prior settlements, and that fees from related prior litigation can be included if the work product was utilized and inextricably linked to the current litigation.
• In re UNR Indus., Inc.
  986 F.2d 207· 7th Cir.· 1993-02-19 ·cited 3×·via Lodestar Fee Calculation
  The court held that bankruptcy fees should be commensurate with comparable non-bankruptcy services, and enhancements for quality are permissible only in rare and exceptional cases, which was not demonstrated here.
• Lyle v. Food Lion
  954 F.2d 984· 4th Cir.· 1992-01-24 ·cited 3×
  The court held that the district court abused its discretion by calculating attorney's fees based on a contingent fee percentage rather than the lodestar method, and affirmed the judgment for unpaid overtime and liquidated damages.
• Robert "Red" Kinney v. The Int'l Bhd. OF Elec. Workers
  939 F.2d 690· 9th Cir.· 1991-06-27 ·cited 3×
  Attorney's fees are recoverable for the work performed in obtaining an award of attorney's fees, even in common benefit cases under the LMRDA.
• Lyden v. Howerton
  731 F. Supp. 1545· S.D. Fla.· 1990-02-02 ·cited 3×·via Lodestar Calculation
  The court held that plaintiffs were entitled to attorney's fees under the Equal Access to Justice Act (EAJA) because their application was timely, they were prevailing parties, the government's position was not substantially justified, and no circumstances made an award unjust.
• McKelvy v. Metal Container Corp.
  674 F. Supp. 827· M.D. Fla.· 1987-07-06 ·cited 3×
  The court held that the plaintiff is entitled to back pay, incentive bonuses, prejudgment interest, reinstatement to the pension plan, and attorney fees, but not front pay or insurance premiums.
• United States v. Leone Bosurgi and Emilio Bosurgi as Executors of the Estate of Adriana Bosurgi
  750 F.2d 216· 2d Cir.· 1984-12-12 ·cited 3×
  The court held that the district court's award of an attorney's charging lien, including a multiplier for delay in payment, was not an abuse of discretion and affirmed the order.
• Dowdell v. City of Apopka
  521 F. Supp. 297· M.D. Fla.· 1981-08-27 ·cited 3×
  The court held that attorneys' fees and costs are awardable to prevailing parties in civil rights litigation, with specific guidelines for calculating the amounts based on time, customary fees, quality, and contingency.
• Marine Towing & Salvage of S.W. FL., Inc. v. One 66' 2019 Sabre Dirigo
  2020 WL 8461570· M.D. Fla.· 2025-02-07 ·cited 2×
  The court recommended awarding attorney's fees and costs as a sanction for bad faith litigation, but reduced the requested amount based on reasonableness of hours and rates.
• Suresh Gidwani and Bina Gidwani v. Roberts
  349 So. 3d 917· Fla. 3d DCA· 2022-10-12 ·cited 2×
  Suresh and Bina Gidwani appealed a trial court's award of attorneys' fees and costs to Sherry Roberts and Alice Randolph in a dispute over condominium parking space ownership. The appellate court affirmed the trial court's determination that the parking spaces belonged to the pla
• Universal Prop. & Cas. Ins. Co. v. Celestrin
  45 Fla. L. Weekly D2511· Fla. 3d DCA· 2021-03-24 ·cited 2×·via Lodestar Amount
  Universal Property & Casualty Insurance Company appealed a trial court's award of attorneys' fees to homeowners in a first-party water loss insurance claim. The appellate court affirmed the fee award but reversed and remanded to reduce billable hours by 13.2 hours that were impro
• Windsor Falls Condo. Ass'n, Inc. v. Davis
  265 So. 3d 709· Fla. 1st DCA· 2019-02-28 ·cited 2×
  A trial court did not err in denying attorney's fees for litigating the amount of fees when the contract provided for recovery of fees for 'costs of collection' rather than 'any litigation.' However, the trial court erred by failing to include specific Rowe findings in the final
• Citizens Prop. Ins. Corp. v. Anderson
  241 So. 3d 221· Fla. 2d DCA· 2018-02-14 ·cited 2×
  A trial court's award of a contingent fee multiplier in an attorneys' fees judgment must include a specific finding regarding whether the relevant market required the multiplier to obtain competent counsel, and reversal is required when such a finding is absent even without a tra
• Smith v. Vernia Smith
  226 So. 3d 948· Fla. 4th DCA· 2017-08-30 ·cited 2×
  Gary Smith appeals a dissolution of marriage judgment, challenging the trial court's award of $7,501 in attorney's fees to his former wife's counsel, valuation of his marital pension at $102,000 as of the filing date, and equitable distribution of $50,000 from that pension. The a
• First Baptist Church OF Cape Coral v. Compass Constr., Inc.
  115 So. 3d 946· Fla.· 2013-05-30 ·cited 2×
  The Florida Supreme Court held that alternative fee recovery clauses in attorney fee agreements are valid, even when they use an hourly rate as the alternative basis for payment and result in a higher fee award than what the client actually paid. The court resolved a conflict bet
• Loos v. Club Paris, LLC
  731 F. Supp. 2d 1324· M.D. Fla.· 2010-08-09 ·cited 2×
  A prevailing party under Title VII is entitled to reasonable attorney's fees and costs, calculated using the lodestar method, provided the hours and rates are adequately documented and justified.
• Conner v. BCC Fin. Mgmt. Servs., Inc.
  597 F. Supp. 2d 1299· S.D. Fla.· 2008-06-25 ·cited 2×
  The court affirmed the magistrate judge's recommendation to award attorney's fees against the plaintiff's counsel for unreasonably multiplying proceedings and against the plaintiff for failing to raise a justiciable issue under the FCCPA, but denied fees against the plaintiff und
• Grunau v. Waage (In Re Grunau)
  376 B.R. 322· M.D. Fla.· 2007-09-24 ·cited 2×
  The court held that the bankruptcy court did not abuse its discretion by denying an evidentiary hearing, as the appellants failed to demonstrate disputed material facts and the bankruptcy court provided sufficient notice and opportunity to be heard. However, the case is remanded
• Davis v. Astrue
  533 F. Supp. 2d 1212· M.D. Fla.· 2007-07-31 ·cited 2×
  The court held that while contingency fee agreements are permissible, the requested fee amount was unreasonable given the case's simplicity, counsel's performance, and significant delays, warranting a reduction.
• Bayer v. Global Renaissance Arts, Inc.
  898 So. 2d 995· Fla. 2d DCA· 2005-03-04 ·cited 2×·via Lodestar Amount
  Bayer and Turra appealed a supplemental final judgment awarding them attorney's fees, but the trial court failed to provide adequate findings on the amount awarded. The appellate court reversed and remanded, directing assignment to a different judge because the trial court's resi
• Brother v. Miami Hotel Invs., Ltd.
  341 F. Supp. 2d 1230· S.D. Fla.· 2004-08-09 ·cited 2×
  The court held that while the Consent Decree mandated payment of attorneys' fees, the reasonableness of the hours expended and the hourly rates must be determined, leading to a reduction in the requested amount due to excessive, redundant, and unnecessary billing practices.
• Borden R. Hallowes v. Bedard
  877 So. 2d 953· Fla. 5th DCA· 2004-07-30 ·cited 2×
  Attorney Hallowes appeals a trial court's denial of attorney fees on a quantum meruit basis after representing the Bedards in an NASD arbitration claim against First Union Securities. The court affirmed, finding that the parties understood fees would be paid solely from an arbitr