E.D. Michigan cuts employment fee award 9.3%, including for missing records

What happened

Hurwitz Law PLLC, counsel for the plaintiffs in a Title VII employment case, requested $434,130 in attorney fees. The court awarded $393,680, a reduction of $40,450. It found the hourly rate excessive for Mr. Jones and reduced it. It also reduced the time entries of Mr. Hurwitz and Mr. Childress to the lower values shown in their two Statements of Attorney Fees, citing time discrepancies and the plaintiffs' failure to address that evidence.

What the court said

Given Plaintiff’s failure to address the evidence of time discrepancies, the Court will reduce Mr. Hurwitz’s and Mr. Childress’s time entries to the lower values represented in their two Statements of Attorney Fees.

The court also reduced the award for: hourly rate reduced.

Why it matters

The ruling shows that a fee applicant's own inconsistent time statements can limit the award. Where contemporaneous records are missing and discrepancies go unexplained, the court may adopt the lower figures the applicant itself reported rather than the higher ones claimed.

How to keep this out of your fee petition

• Record time the same day the work happens.
• Keep the original records, not only a cleaned-up summary.
• Be able to show when each entry was created.

Cite this ruling

See hourly rates the E.D. Michigan approves and attorney fee motions in Michigan federal courts.

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.