S.D. Florida cuts intellectual property fee award 30%, including for vague entries

What happened

Duane Morris, counsel for the plaintiff, sought $347,609.50 in fees. The court awarded $243,326.65, a reduction of $104,282.85, or 30%. The court applied a single 30% across-the-board reduction to the total fee request, finding it reasonable in light of vague entries, block billing, duplicative staffing, and clerical work billed as legal work. The figures do not include costs.

What the court said

I find that an across-the-board reduction of 30 percent to the total fee award sought by Plaintiff is reasonable.

I find that an across-the-board reduction of 30 percent to the total fee award sought by Plaintiff is reasonable.

I find that an across-the-board reduction of 30 percent to the total fee award sought by Plaintiff is reasonable.

The court also reduced the award for: duplicative staffing.

Why it matters

The ruling shows that a court may address several time record problems with one across-the-board percentage cut rather than an entry-by-entry review. It also shows that vague entries, block billing, duplicative staffing and clerical work can each support a reduction, and that the court may combine them into a single percentage applied to the total fee request.

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 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.