W.D. Pennsylvania cuts commercial fee award 64% over missing contemporaneous records | LegalTime AI

W.D. Pennsylvania cuts commercial fee award 64% over missing contemporaneous records

DAVISON DESIGN & DEVELOPMENT, INC. v. SCORZA, No. 2:23-cv-00644. District Court, W.D. Pennsylvania, Judge Marilyn J. Horan. Decided . Read the opinion

Requested
$49,619.73
Awarded
$17,837.83
Cut
64.1%$31,781.90

Commercial

What happened

The fee applicant sought $49,619.73 in attorney fees. Judge Marilyn J. Horan awarded $17,837.83, a reduction of $31,781.90, or 64%. The court found that the record did not support any additional billing or time records beyond the total presented, and reduced the award on that basis. The figures do not include costs.

What the court said

Missing contemporaneous records
the record does not support any additional billing or time records beyond this total

Why it matters

The ruling shows that a fee petition resting on a lump total without contemporaneous time records can draw a substantial cut, even where the court does not identify separate billing problems. Lawyers seeking fees should expect courts to require records that substantiate the hours 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

DAVISON DESIGN & DEVELOPMENT, INC. v. SCORZA, No. 2:23-cv-00644 (W.D. Pa. Jan. 3, 2024)

See hourly rates the W.D. Pennsylvania approves and attorney fee motions in Pennsylvania 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.

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