W.D. Texas cuts ERISA benefits fee award, including for clerical work

What happened

Kantor & Kantor LLP sought attorneys' fees under ERISA in Dwyer v. UnitedHealthcare Insurance Company. The court did not state the amounts requested or awarded. It reduced travel time entries of 43.6 hours to 50% of the regular rate, excluded 9.4 hours that the plaintiff did not defend and that the court found too attenuated from the complaint's filing to be litigation preparation, and excluded 2.46 hours of purely clerical work that is not recoverable as attorneys' fees.

What the court said

However, 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, other.

Why it matters

The ruling shows that courts will separate travel time, work too distant from the litigation, and clerical tasks from compensable attorney time, and that entries mixing clerical work with legal work can be removed 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

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.