D. Vermont cuts ERISA benefits fee award 55%, including for block billing

What happened

The plaintiffs' firm, Witten, Woolmington, Campbell & Bernal, P.C., sought $657,160 in fees for 1,998.8 hours in an ERISA benefits case. The court awarded $295,724.50, a reduction of $361,435.50 or 55.0%. It applied a 30% across-the-board cut because the four remaining plaintiffs played a relatively passive role and the hours included unrelated claims. The court also found the firm's block billing style made it difficult to discern whether certain hours were reasonable.

What the court said

However, their counsel's block billing style makes it difficult for the court to discern whether certain hours are reasonable.

The court also reduced the award for: unrelated claims.

Why it matters

The ruling shows that block billing can cost a fee applicant even when the court has already applied a percentage cut for other reasons. Grouped entries leave the court unable to test individual hours, so it may reduce further rather than parse the records line by line.

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

See hourly rates the D. Vermont 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.