Prevailing Market Rates

455 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Brewster v. Dukakis
  786 F.2d 16· 1st Cir.· 1986-03-14 ·cited 10×
  The court held that the district court properly rejected defendants' proposed stricter standard for post-judgment monitoring fees but should have allowed limited discovery regarding potential dual compensation for plaintiffs' counsel.
• Okla. Aerotronics, Inc. v. United States
  943 F.2d 1344· D.C. Cir.· 1991-09-13 ·cited 9×
  The court held that an extraordinary delay in awarding attorney fees can be a 'special factor' justifying an increase in the fee award under the Equal Access to Justice Act.
• Straw v. Otis R. Bowen, M.D.
  866 F.2d 1167· 9th Cir.· 1989-02-01 ·cited 9×
  The court held that district courts must calculate attorney fees based on a lodestar method considering reasonable hours and prevailing market rates, rather than simply approving contingency percentages or fixed hourly rates without justification. Awards in Straw and Garcia were
• Schafler v. Fairway Park Condo. Ass'n
  324 F. Supp. 2d 1302· S.D. Fla.· 2004-05-21 ·cited 8×
  The court adopted the magistrate judge's recommendation to grant the defendant's motion for attorney's fees, finding that insurance coverage does not preclude an award and that federal law governs the calculation of fees.
• United States v. Adkinson
  256 F. Supp. 2d 1297· N.D. Fla.· 2003-02-14 ·cited 8×
  The court held that the statutory fee caps under the Equal Access to Justice Act apply to Hyde Amendment claims, and the original $75/hour cap, adjusted for cost of living, is the applicable rate.
• Wales v. Jack M. Berry, Inc.
  192 F. Supp. 2d 1313· M.D. Fla.· 2001-12-21 ·cited 8×
  The court held that plaintiffs are entitled to $352,225.40 in attorneys' fees and $131,653.59 in expenses, with hourly rates adjusted to local market rates and certain hours excluded for work on non-fee-shifting claims or insufficient description.
• Am. Fed'n OF Gov't Emps., AFL-CIO v. Fed. Labor Relations Auth.
  944 F.2d 922· D.C. Cir.· 1991-09-03 ·cited 8×
  Union-salaried attorneys may recover reasonable attorneys' fees under the Back Pay Act for representing an employee in grievance and unfair labor practice proceedings, measured at market rates rather than organizational costs, when the fees are deposited into a separate legal rep
• Deniece Scales v. J.C. Bradford & Co.
  925 F.2d 901· 6th Cir.· 1991-02-11 ·cited 8×
  The court held that the district court abused its discretion in limiting discovery and in failing to find a prima facie case of disparate impact discrimination, but did not err in denying prejudgment interest or in its initial determination of attorney hourly rates.
• Cunningham v. City OF Overland
  804 F.2d 1066· 8th Cir.· 1986-11-14 ·cited 8×
  The court held that the denial of a merchant's license, when zoning permitted the business and the denial was arbitrary and capricious, violated substantive due process, and that the damages awarded were not excessive.
• Jordan v. Heckler
  744 F.2d 1397· 10th Cir.· 1984-09-24 ·cited 8×
  The court held that the common fund or common benefit doctrines under 28 U.S.C. § 2412(b) are not applicable to attorney fee awards against the Government in Social Security cases, and that the case should be remanded for a determination of fees under § 2412(d).
• Durden v. Citicorp Tr. Bank, FSB
  763 F. Supp. 2d 1299· M.D. Fla.· 2011-01-20 ·cited 7×
  The court held that the defendant is entitled to an award of attorneys' fees for defending the FSIPA claim and, to the extent intertwined, the other fraud claims, but reduced the requested amount due to over-inclusive billing and interrelation issues.
• Huntington Branch v. Town OF Huntington
  961 F.2d 1048· 2d Cir.· 1992-04-13 ·cited 7×
  The court held that the district court's fee enhancement award was vacated because it lacked specific findings supported by evidence regarding historical rates, efforts to secure counsel, and the impact of the NAACP's involvement and third-party payments.
• Reguena v. Doug Connor, Inc.
  2017 WL 10241541· M.D. Fla.· 2022-12-13 ·cited 6×
  The court held that a reasonable hourly rate for attorneys with twelve years of experience in FLSA cases in the Middle District of Florida is $400.00, and that a one-third reduction in requested attorney's fees was warranted due to duplicative billing and limited motion practice.
• Valencia v. Affiliated Grp., Inc.
  674 F. Supp. 2d 1300· S.D. Fla.· 2009-09-21 ·cited 6×
  The court held that under the Fair Debt Collection Practices Act (FDCPA), Rule 68 does not preclude recovery of attorney's fees incurred after an offer of judgment because the FDCPA distinguishes fees from costs, unlike statutes where fees are included within costs. The court als
• Trujillo v. Banco Central Del Ecuador
  229 F. Supp. 2d 1369· S.D. Fla.· 2002-11-01 ·cited 6×
  Banco Central Del Ecuador sought approximately $2 million in attorney's fees and costs after plaintiffs voluntarily dismissed their defamation action pursuant to Federal Rule of Civil Procedure 41(a)(2). The district court reduced the award to $720,566.33 after requiring the defe
• Hong-Yee Chiu v. The United States
  948 F.2d 711· Fed. Cir.· 1991-10-29 ·cited 6×
  The court held that the Claims Court did not abuse its discretion in determining the government's position was not substantially justified, entitling the plaintiff to attorney fees. However, the court reversed the calculation of the fee award, finding that cost-of-living adjustme
• Southerland v. Int'l Longshoremen's & Warehousemen's Union
  845 F.2d 796· 9th Cir.· 1987-12-15 ·cited 6×
  The court held that the district court erred in awarding attorney's fees without sufficient evidence of prevailing market rates and that the issue of substantial benefit must be redetermined.
• Miele v. NEW York State Teamsters Conf. Pension & Ret. Fund
  831 F.2d 407· 2d Cir.· 1987-10-23 ·cited 6×
  The court held that a district court must base attorney's fee awards on prevailing market rates for comparable private attorneys, not on non-market or statutory maximum rates.
• Dewalt v. Sullivan
  963 F.2d 27· 3d Cir.· 1992-04-24 ·cited 5×
  The court held that the hourly attorney fee cap under the Equal Access to Justice Act must be adjusted based on a broad-based cost of living index (CPI-ALL), not solely on the personal services component of the Consumer Price Index.
• Laquarius Gray v. Bostic
  625 F.3d 692· 11th Cir.· 2010-10-26 ·cited 4×
  The district court did not abuse its discretion in awarding attorney's fees to the plaintiff who prevailed on a significant legal issue of first impression, even though only nominal damages were awarded. The plaintiff's success served an important public purpose by deterring futu
• Edsel Gusman v. Unisys Corp.
  986 F.2d 1146· 7th Cir.· 1993-02-25 ·cited 4×
  The court affirmed the judgment on the merits but vacated the award of attorneys' fees, remanding for further proceedings.
• Merritt SEA Wall & Amerisure/Michigan Mut. Ins. Co. v. Revels
  594 So. 2d 855· Fla. 1st DCA· 1992-03-02 ·cited 4×
  The court held that the employer/carrier's argument regarding preclaim benefits was not preserved for appeal, but the award of attendant care benefits to the claimant's spouse must be modified to reflect statutory changes in compensation rates.
• 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.
• Plyler v. Parker Evatt
  902 F.2d 273· 4th Cir.· 1990-05-07 ·cited 4×
  The court affirmed the district court's award of attorneys' fees, finding no clear error in the hourly rates set and upholding the award for post-decree litigation that was inextricably intermingled with the original claims.
• Jordan v. Multnomah Cnty.
  799 F.2d 1262· 9th Cir.· 1986-09-11 ·cited 4×
  The court held that the district court abused its discretion by failing to make adequate findings to support its reduced attorney fee award and by denying a multiplier without proper justification. The denial of a multiplier was affirmed.
• 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.
• 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.
• Volpe v. Heckler
  610 F. Supp. 144· S.D. Fla.· 1985-05-28 ·cited 3×
  The court held that the plaintiff is entitled to attorney's fees under the Equal Access to Justice Act because the government's position was not substantially justified, and the requested hours and rate are reasonable.
• 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.
• Barash v. Kates
  585 F. Supp. 2d 1368· S.D. Fla.· 2008-10-23 ·cited 2×
  The court held that sanctions in the form of the full amount of the defendant's attorney's fees are warranted against the plaintiff due to his bad faith litigation conduct, including perjury and fabricating evidence.
• Mannings v. Sch. Bd. of Hillsborough Cnty.
  851 F. Supp. 436· M.D. Fla.· 1994-04-21 ·cited 2×
  The court held that while plaintiffs' delay in requesting attorneys' fees did not prejudice the defendants, prejudgment interest for that delay is not warranted. The court awarded fees for services rendered from 1958-1971 and 1972-1991, with specific hourly rates and hours determ
• Frederick Elecs. & Royal Ins. Co. v. John
  619 So. 2d 14· Fla. 1st DCA· 1993-05-07 ·cited 2×
  The appellate court affirmed in part and reversed in part a workers' compensation order that awarded attendant care benefits, reimbursement for utilities, payment for a life care plan, and lawn care.
• Jaynell Begley v. Sec'y of Health & Human Servs.
  966 F.2d 196· 6th Cir.· 1992-06-10 ·cited 2×
  The court held that the district court abused its discretion in awarding attorneys' fees under the EAJA by failing to properly consider market rates, cost of living adjustments, and special factors, and thus vacated the award and remanded for further proceedings.
• Trinidad v. Sec'y OF Health & Human Servs.
  935 F.2d 13· 1st Cir.· 1991-06-06 ·cited 2×
  The court held that the district court abused its discretion in denying attorney's fees for post-remand agency proceedings and that the reduction in the hourly rate for district court work was within the court's discretion.
• Bruland v. Howerton
  742 F. Supp. 629· S.D. Fla.· 1990-07-03 ·cited 2×
  The court held that the plaintiffs were entitled to attorney's fees under the Equal Access to Justice Act because their application was timely, they were prevailing parties, and the government's position was not substantially justified.
• United States v. Willens
  731 F. Supp. 1579· S.D. Fla.· 1990-03-05 ·cited 2×
  The court held that the government's position was substantially unjustified, warranting an award of attorney's fees under the Equal Access to Justice Act (EAJA) to account for cost of living increases since the Act's passage.
• 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
• Haitian Refugee Ctr., Inc. v. Smith
  644 F. Supp. 382· S.D. Fla.· 1984-05-25 ·cited 2×
  The court held that attorneys who successfully represented Haitian refugees in a due process challenge against the INS are entitled to fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). The court determined the appropriate hourly rates based on prev
• 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
• 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.
• Harris v. Louis W. Sullivan, M.D.
  968 F.2d 263· 2d Cir.· 1992-06-30 ·cited 1×
  The court held that 'cost of living' in the EAJA refers to general inflation, not the cost of legal services, and should be measured by the Consumer Price Index.
• 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.
• Rogers v. W.R. Berkley Corp.
  S.D. Fla.· 2026-01-13
  The court held that the defendant, as the prevailing party under a settlement agreement, is entitled to reasonable attorney's fees calculated using the lodestar method.
• Urban v. SB 2028 LLC
  547 F. Supp. 2d 1299· S.D. Fla.· 2026-01-13
  The court recommended granting in part and denying in part Plaintiff's motion for attorney's fees, awarding $17,840 in fees.
• Swancey v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-12-12
  The court granted the plaintiff's unopposed motion for attorney's fees under the Equal Access to Justice Act, awarding $7,800.00.
• Sly v. Sec'y, Dep't of Veterans Affairs
  M.D. Fla.· 2025-12-11
  The court determined reasonable hourly rates for each attorney and paralegal and will apply a reduction for vague and block-billed entries to calculate the total attorney's fees awarded.
• Witner v. Bisignano
  M.D. Fla.· 2025-12-09
  The court granted the plaintiff's unopposed motion for attorney's fees under the Equal Access to Justice Act.
• Moonbug Ent. Ltd. v. Long
  M.D. Fla.· 2025-12-08
  The court denied the plaintiff's motion for default judgment and permanent injunction without prejudice due to deficiencies in supporting evidence and legal argument.
• Sydney Marie Keefe v. Britt's Bow Wow Boutique, Inc.
  S.D. Fla.· 2025-11-17
  The court recommends granting supplemental costs and awarding supplemental attorney's fees in part, denying fees for untimely claims and excessive hours.
• Mahlberg v. Medieval Times U.S.A., Inc.
  M.D. Fla.· 2025-11-14
  The court denied the motion for default judgment without prejudice because it lacked a memorandum of law, failed to establish standing and liability, requested overly broad injunctive relief, and inadequately supported requests for attorney fees and costs.