D. Colorado cuts employment fee award 25.9%, including for vague entries

What happened

The fee applicant in Joppy v. HCA-HealthOne LLC sought $2,703,055 in fees under 42 U.S.C. § 1988. Judge Charlotte N. Sweeney awarded $2,002,997.25, a reduction of $700,057.75. The court reduced one attorney's hourly rate to the outermost limit of the market evidence for attorneys of comparable skill and experience. It also applied a 25% across-the-board cut for vague entries and block billing, and found that five attorney timekeepers on a case of this nature supported a reduction of that size.

What the court said

due to these deficiencies the Court exercises its discretion to reduce her fee award by 25% across the board

due to these deficiencies the Court exercises its discretion to reduce her fee award by 25% across the board

The court also reduced the award for: hourly rate reduced, duplicative staffing.

Why it matters

The ruling shows that a fee award can be cut across the board when time entries are vague or block billed, even without an hour-by-hour analysis. It also shows courts will compare staffing levels to the nature of the case and cap rates at the market evidence for comparable attorneys.

How to keep this out of your fee petition

• Name the task, the document or person involved, and the purpose.
• Avoid stock phrases that could describe any day in any matter.
• Keep privileged detail general, but specific enough to show the work.

Cite this ruling

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