S.D. Florida cuts commercial fee award 35.5%, including for block billing

What happened

Rosenthal Rosenthal Rasco LLC sought $76,630 in fees under a contract fee clause in Lima et al v. Lee. The court reduced the hourly rates of Mr. Rasco and Mr. Serbin, finding the requested rates excessive. It then applied a 30% reduction to total hours for duplicative staffing, block billing that left it unable to tell time spent on each task, and unnecessary or excessive hours. The court awarded $49,420, a reduction of $27,210.

What the court said

This use of block billing warrants a reduction in Defendant Lee’s requested fees, as it leaves the Court unable to determine how long counsel spent on each specific task.

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

Why it matters

The ruling shows that block billing can draw a percentage cut even when it is one of several problems, because the court cannot separate time spent on individual tasks. It also shows courts will adjust rates and trim hours for duplication and excess before applying a further across the board reduction.

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.