S.D. Florida cuts commercial fee award 35.1%, including for clerical work

What happened

The fee applicant sought $772,829 in fees. The court awarded $501,565, a reduction of $271,264. It lowered the hourly rates for two timekeepers, excluded 24.1 hours spent on a cross-appeal and jurisdictional question, and applied a 30% across-the-board reduction to the total hours. The court cited billing deficiencies, including clerical work billed as legal work, fees on fees, and entries for correcting noncompliance with court rules.

What the court said

Fourth, it appears that some reduction is warranted for billing for clerical work.

The court also reduced the award for: hourly rate reduced, unrelated claims, excessive hours, fees on fees.

Why it matters

The ruling shows that a single across-the-board percentage cut can absorb several distinct billing problems at once, including clerical tasks and fees on fees. It also shows courts will separate time spent on unrelated appellate issues before applying a percentage reduction to the remaining hours.

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 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.