D. Minnesota cuts ERISA benefits fee award 4.4%, including for vague entries

What happened

The plaintiffs' firm, Reinhart Boerner Van Deuren s.c., requested $200,489.80 in attorney fees under ERISA. Judge Laura M. Provinzino awarded $191,737.80, a reduction of $8,752. The court cut 4.3 hours for Cefalu, 16 hours for Barron, and 2.6 hours for Anderson over imprecise time entries, and removed $1,394 for clerical tasks such as reviewing files, organizing service of process, and docketing deadlines. It also excluded $660 for personnel the plaintiffs did not identify as attorneys or paralegals, and adjusted Murphy's hourly rate downward for 1.6 hours.

What the court said

the Court reduces Cefalu’s billed time by 4.3 hours, Barron’s billed time by 16 hours, and Anderson’s billed time by 2.6 hours for imprecise time entries.

Reviewing files, organizing service of process, and docketing deadlines are clerical tasks that are not properly included in a request for attorneys’ fees.

The court also reduced the award for: other, hourly rate reduced.

Why it matters

The ruling shows that a fee award can be trimmed even when the overall request is largely accepted. Courts will reduce hours for entries too imprecise to assess, separate clerical tasks from legal work, and require the applicant to identify who billed and at what role before rates and hours are approved.

How to keep this out of your fee petition

• Name the task, the document or person involved, and the purpose.
• Avoid stock phrases that could describe any day in any matter.
• Keep privileged detail general, but specific enough to show the work.

Cite this ruling

See hourly rates the D. Minnesota approves and attorney fee motions in Minnesota 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.