D. Vermont cuts employment fee award 73.6%, including for clerical work

What happened

The plaintiff in Cole v. Foxmar, Inc. sought $240,536.75 in attorney fees for 1,186.1 hours. Judge Christina Reiss awarded $63,411.37 for 889.575 hours, a reduction of $177,125.38 or 73.6%. The court applied a 25% discount for excessive hours through retrial, reduced the hourly rate for 14.7 and 2.6 hours of clerical work billed as legal work, reduced the rate for 25.5 hours of travel time, and imposed an additional 10% across-the-board reduction for limited success.

What the court said

Attorney Pettersen's hourly rate for 14.70 hours through retrial is reduced to $75.00.

Because these entries include administrative tasks, Attorney Pettersen's hourly rate for 2.60 hours is reduced to $75.00.

The court also reduced the award for: excessive hours, travel time, limited success.

Why it matters

The ruling shows that courts examine time entries for tasks that are clerical rather than legal and adjust the rate for those hours. It also shows that excessive hours, travel time, and limited success can each produce separate reductions, so the final award may be far below the amount requested even when the hours are largely allowed.

How to keep this out of your fee petition

• Leave purely clerical work off the fee petition.
• Describe paralegal tasks so the substantive work is clear.
• Split mixed entries into their substantive and clerical parts.

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.