A collection of legal fee articles from the past week…

Heller Attorneys’ Fees Ready for Appeal (LegalTimes) – Lead attorney for victorious plaintiff Heller is back in the courtroom, appealing a $1.17 million attorneys’ fee award from the District Court. Alan Gura, of Alexandria’s Gura & Possessky, and Clark Neilly III, from the Institute for Justice today, filed a notice of appeal announcing his intent to ask the Federal Circuit to review the D.D.C opinion.  All this is taking place on the backdrop of settlement negotiations between the District of Columbia and Gura. Neilly confirmed that settlement negotiations are continuing, but that the notice of appeal was filed to ensure their options in court remain open. Heller’s legal team is disputing the reduction from their 3.12 million dollar request, stating the original amount was reasonable based upon the length and complexity of the request. Continue reading »

A collection of legal fees news from the previous week…

$89,000 Legal Fee Approved Despite $500 Award (NY Law Journal) – Despite receiving only a $500 award in her suit alleging excessive force in an arrest, a NY Judge awarded an $89,000 legal fee to her attorney.  Judge Jack B. Weinstein ruled in the case of Brown v. Starrett City Associates in the Eastern District of New York and confirmed a magistrate judge’s recommendations on fees. Under the Civil Rights Attorney’s Fees Award Act, the judge ruled plaintiff was entitled to an award of fees.  The defendant’s protested the award, claiming it was merely de minimis or nominal. The judge rejected that argument on two counts, first citing a public policy issue that the very act of liability was all that is necessary; and secondly on grounds that the award was not de minimis. Jury instructions specified a de minimis award of $1. The Magistrate Judge further noted this was a unique constitutional issue, and it was on the record plaintiff’s attorney had performed “exceptionally” well.

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A collection of Legal Fee Articles from the past week..

TVA Shelling Out Massive Legal Costs in Response to Coal Ash Spill (The Tennessean) – The Tennessee Valley Authority, the largest public utility in the state, told the Associated Press on Friday that  it has spent over $10 million on outside legal costs stemming from the Kingston Plant coal ash spill.  The firm of Shook, Hardy, and Bacon, based out of Knoxville, has been the recipient of these fees.  Plaintiff’s attorney, Gary Davis, expressed outrage over the fees that the TVA has paid to outside counsel so far. He said, “A lot of people could have been compensated for their damages.” A judge is set to rule on the issue of negligence soon. Continue reading »

A collection of legal fees news articles from the past week…

New York Politician Seeks Attorneys’ Fees (Albany Times Union) – Former New York State Senate Majority leader Joe Bruno is seeking state reimbursement of legal fees he incurred as a result of his prosecution for alleged felony corruption charges. A US Court of Appeals recently vacated the conviction, and under Section 19 of the Public Officer’s Law in New York, public officials are entitled to attorneys’ fees for charges they are acquitted of arising under a cause of action related to their office. The Bruno Defense Fund currently has incurred approximately $2 million in expenses, and have not yet stated how much they will submit to the state. Continue reading »

A collection of legal fee articles from the past week…

Are Attorneys’ Fees in Class Actions the Right Price? (Above The Law) – Popular legal website Above the Law recently covered a panel discussion at the National Lawyers Convention of the Federalist Society. The discussion revolved around the fees for class actions, and whether attorneys pursuing class action claims are making too much. Criticism was levied against the courts for being no more than a “rubber stamp” for the high settlement legal fee payments that attorneys receive when the class benefits are comparatively small.  Professor Brian Fitzpatrick argued that class actions are compensated on the appropriate level, and said his two year study found the average fee award was typically 15% of the class award. Jeffrey Jacobson of Debevoise & Plimpton also posited that settlements in class action suits that involve replacement of defective merchandise often have a lower award of damages, even though the attorneys on the case put in the same amount of time they would on any other class action. Settlement in those cases often ends up being a cheaper action for both parties. Continue reading »