D. Nebraska cuts commercial fee award 10% over block billing
Bakken Contracting, LLC v. The Venue at Werner Park, LLC, No. 8:21-cv-00269. District Court, D. Nebraska, Judge Brian C. Buescher. Decided . Read the opinion
- Requested
- $37,694.55
- Awarded
- $33,925.09
- Cut
- 10%$3,769.46
Commercial
What happened
The fee applicant requested $37,694.55 in attorney fees for 194.09 hours. The court awarded $33,925.09, reducing the request by 10%, or $3,769.46. The court applied the reduction to the total fee because block billing and vague entries left it unable to conclude that all the time claimed was reasonable. The court said the vagueness deprived it of sufficient information for a more precise determination of reasonableness.
What the court said
SNC's award for attorney's fees will be reduced from the $37,694.55 requested by 10% ($3,769.46) to $33,925.09 for block billing and vague records.
the Court is not able to conclude that all the time claimed is reasonable due to the vagueness resulting from block billing which has deprived the Court of sufficient information and description for a more precise determination of reasonableness.
Why it matters
The ruling shows that a court may apply a percentage cut to the whole fee request when block billing and vague entries prevent it from assessing individual time entries. It illustrates that recordkeeping problems can lead to a reduction even without a line-by-line review.
How to keep this out of your fee petition
- Record one task per entry, each with its own time.
- Write the entry when the work happens, not at the end of the week.
- If a task really is one unit of work, say what it was and what it produced.
Cite this ruling
Bakken Contracting, LLC v. The Venue at Werner Park, LLC, No. 8:21-cv-00269 (D. Neb. Sept. 17, 2024) See hourly rates the D. Nebraska approves.
Figures and quotes are taken from the opinion and checked against its text. Spot an error? Email team@legaltime.ai with the case name and we will correct it. Summaries of public court opinions. Not legal advice.
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