S.D. Florida cuts commercial fee award 5% over block billing

What happened

Wilson Elser, counsel for the fee applicant, requested $35,684 in fees for 149.2 hours in this commercial case. Judge Yeney Hernandez awarded $33,899.8, a reduction of $1,784.2, or 5%. The court applied the 5% cut to the total fee because the time entries showed some instances of block billing. The figures do not include costs.

What the court said

Because the entries show some instances of block billing, a five-percent reduction is appropriate.

Why it matters

The order shows that a court will reduce a fee award, even modestly, when time entries combine multiple tasks into single blocks. It also shows the reduction can be applied as a flat percentage of the total fee rather than through an entry-by-entry review.

How to keep this out of your fee petition

• Record one task per entry, each with its own time.
• Write the entry when the work happens, not at the end of the week.
• If a task really is one unit of work, say what it was and what it produced.

Cite this ruling

See hourly rates the S.D. Florida approves and attorney fee motions in Florida 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.