D. Montana cuts fee award 25%, including for vague entries

What happened

BNSF Railway Company sought $1,468,371.50 in attorney fees for 7,333.7 hours. The court awarded $1,101,279.38, a reduction of $367,092.12 or 25%. The court applied a 25% reduction to the total fee, finding it appropriate to account for limited success and for time entries too vague to let the court determine what hours were reasonably spent, especially given that BNSF did not succeed on all claims.

What the court said

BNSF’s documentation is therefore inadequate because it leaves the Court unable to determine for itself what hours were spent reasonably, especially considering that BNSF did not succeed on all claims.

The court also reduced the award for: limited success.

Why it matters

The ruling shows that a fee applicant's time records must let the court assess reasonableness itself. Where entries are too vague to do so, and the applicant also achieved only limited success, the court may apply a single percentage cut to the total fee rather than parse hours line by line.

How to keep this out of your fee petition

• Name the task, the document or person involved, and the purpose.
• Avoid stock phrases that could describe any day in any matter.
• Keep privileged detail general, but specific enough to show the work.

Cite this ruling

See hourly rates the D. Montana 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.