E.D. Michigan cuts consumer protection fee award 52.2%, including for clerical work

What happened

The plaintiff sought $78,142 in attorney fees, and the court awarded $37,357, a reduction of $40,785 or 52.2%. The court deducted $15,210 for 33.8 hours of duplicative and excessive billings, $12,285 for 27.3 hours tied to an unsuccessful appeal, and $900 for 6.0 hours of paralegal time billed as legal work. It also removed hours for post-judgment motion practice and other tasks incurred because of the futile appeal.

What the court said

the defendant identified 6.0 hours of time ($900) billed by the plaintiff’s paralegal Ms. Moore

The court also reduced the award for: duplicative staffing, limited success, other, other.

Why it matters

The ruling shows that courts will separate clerical tasks from legal work and reduce fees for duplicative staffing and time spent on unsuccessful claims. It also shows that a fee applicant's time records must distinguish compensable legal work from tasks that follow from an unsuccessful appeal.

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 E.D. Michigan approves and attorney fee motions in Michigan 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.