D. Utah cuts ERISA benefits fee award, including for clerical work | LegalTime AI

D. Utah cuts ERISA benefits fee award, including for clerical work

W-S et al v. United Healthcare Insurance, No. 2:19-cv-00810. District Court, D. Utah, Judge Robert J. Shelby. Decided . Read the opinion

The court applied the reductions below but did not state requested and awarded totals we could check against the opinion, so no overall percentage is shown.

ERISA benefits · ERISA · Figures include costs

What happened

The plaintiffs in an ERISA benefits case sought attorney fees, and the court adjusted the hourly rates for Brian King and Samuel Hall. It also deducted $90.00 for time billed as legal work that the court found was clerical. The court did not state totals for the fees requested or awarded, and the figures include costs. Judge Robert J. Shelby entered the order.

What the court said

Clerical work billed as legal work · $90
The court thus deducts these fees, totaling $90.00, from the award.

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

Why it matters

The ruling shows that courts will separate clerical tasks from legal work on a fee petition and reduce the award for entries that do not reflect legal services, even when the amount is small. It also shows that courts may adjust requested hourly rates rather than accept them as submitted.

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

W-S v. United Healthcare Insurance, No. 2:19-cv-00810 (D. Utah Sept. 14, 2026)

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

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