N.D. Texas cuts wage and hour fee award 70.7%, including for clerical work

What happened

The Kern Law Firm, PC sought $3,131,091 in attorneys' fees under the Fair Labor Standards Act after 3,991.65 hours. Judge David C. Godbey reduced the hourly rates for the attorneys and paralegals, then cut the lodestar by 10% for clerical work billed as legal work and by another 10% for excessive hours. The court then reduced the adjusted lodestar by approximately 40% for limited success and awarded $919,000, a reduction of $2,212,091.

What the court said

the Court reduces the lodestar by 10%, which, along with the adjusted hourly rates, results in an adjusted lodestar of $1,548,125.55

The court also reduced the award for: hourly rate reduced, hourly rate reduced, excessive hours, limited success.

Why it matters

The ruling shows that courts will separate clerical tasks from legal work when reviewing time records and will apply a percentage cut to the lodestar rather than parse each entry. It also shows that rate adjustments and other reductions can compound, so the final award may fall far below the amount requested.

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 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.