W.D. Texas cuts ERISA benefits fee award, including for clerical work
Dwyer v. UnitedHealthcare Insurance Company, No. 1:17-cv-00439. District Court, W.D. Texas, Judge Mark Lane. Decided . Read the opinion
The court applied the reductions below but did not state requested and awarded totals we could check against the opinion, so no overall percentage is shown.
ERISA benefits · ERISA · Fee applicant's counsel: Kantor & Kantor LLP
What happened
Kantor & Kantor LLP sought attorneys' fees under ERISA in Dwyer v. UnitedHealthcare Insurance Company. The court did not state totals. It recommended awarding travel time at 50% of the regular rate, covering 43.6 hours. It recommended no fees for 9.4 hours the court found too attenuated in time from the complaint's filing to count as litigation preparation. It also found 2.41 hours of purely clerical work not recoverable as attorneys' fees.
What the court said
review of Table 3 and the billing records indicates some entries reflect purely clerical work that is not recoverable as attorneys’ fees
The court also reduced the award for: travel time, unrelated claims.
Why it matters
The ruling shows courts separate travel and clerical tasks from compensable legal work and check whether billed time actually relates to the claims in suit. Entries that mix administrative tasks into attorney time, or that predate the litigation, can be cut even when the overall request is otherwise supported.
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
Dwyer v. UnitedHealthcare Insurance Company, No. 1:17-cv-00439 (W.D. Tex. Jan. 21, 2026) See hourly rates the W.D. Texas approves and attorney fee motions in Texas 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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