N.D. Texas cuts commercial fee award 32.4%, including for clerical work

What happened

Mobu Enterprises sought $447,410.62 in attorney fees under a contract fee clause, with Thompson Hine as counsel. The court awarded $302,395.80, a reduction of $145,014.82. It first reduced the requested lodestar by $15,416 for clerical work billed as legal work. It then adjusted the base lodestar amounts down 30% under Johnson and Arthur Andersen to account for the limited results each side obtained in the lawsuit.

What the court said

the Court will reduce Mobu's requested lodestar by $15,416.

The court also reduced the award for: limited success.

Why it matters

The ruling shows courts will separate clerical tasks from legal work when reviewing time records, and will reduce the lodestar for limited success even where a contract fee clause supplies the basis for fees.

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.