N.D. Texas cuts IP fee award 42.7%, including for missing records

What happened

Gordon Rees Scully Mansukhani LLP sought $93,446.58 in fees. The court awarded $53,545.75, a reduction of $39,900.83 or 42.7%. It cut 40% from the total fee after finding that staffing with six partners, two associates, and two paralegals produced duplicative and redundant work. The court also noted that the plaintiff did not attach billing statements recording hours spent drafting and filing the motion, which it said prevented review of the estimated fee.

What the court said

Plaintiff does not attach billing statements recording the number of hours spent drafting and filing the instant motion, which precludes the Court from examining the propriety of Plaintiff’s estimated fee.

The court also reduced the award for: duplicative staffing.

Why it matters

The ruling shows courts will reduce fee awards for staffing that produces overlapping work and will not accept estimated fees without contemporaneous billing records. It illustrates that a fee petition must document the hours claimed so the court can test the reasonableness of the request.

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

See hourly rates the N.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.