D. Massachusetts cuts civil rights fee award 67.5%, including for block billing
McCullough v. Roby et al, No. 1:22-cv-10177. District Court, D. Massachusetts, Judge Richard G. Stearns. Decided . Read the opinion
- Requested
- $79,500
- Awarded
- $25,800
- Cut
- 67.6%$53,700
Civil rights · 42 U.S.C. § 1988 · Fee applicant's counsel: Boston Defender
What happened
Boston Defender sought $79,500 in attorney fees under 42 U.S.C. § 1988 for 150 hours in McCullough v. Roby et al. The court reduced the hourly rate and imposed a 60% reduction on the total requested fee. The court cited block-billed entries that billed non-core tasks at core rates, success on only one of five claims, and the non-complex nature of the dispute. The court awarded $25,800, a reduction of $53,700, or 67.5%.
What the court said
given all the above — the block-billed entries that erroneously bill non-core tasks at core rates, the success of only one out of five of the claims, and the non-complex nature of the dispute — the court will impose a 60 percent reduction to the total requested attorney fee
given all the above — the block-billed entries that erroneously bill non-core tasks at core rates, the success of only one out of five of the claims, and the non-complex nature of the dispute — the court will impose a 60 percent reduction to the total requested attorney fee
The court also reduced the award for: hourly rate reduced, limited success, other.
Why it matters
The ruling shows that block billing can support a substantial across-the-board cut, especially when combined with other problems. Courts may apply a single percentage reduction to the total fee rather than parsing each entry, so the way time is recorded affects the size of the award.
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
McCullough v. Roby, No. 1:22-cv-10177 (D. Mass. Dec. 11, 2024) See hourly rates the D. Massachusetts approves and attorney fee motions in Massachusetts 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.
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