W.D. Pennsylvania cuts fee award 11.4%, including for block billing

What happened

The fee applicant sought $6,824 in fees and costs, and the figures include costs. Judge W. Scott Hardy awarded $6,047.35, a reduction of $776.65 or 11.4%. The court disallowed two block-billed entries totaling 3.9 hours and $1,092 because they combined recoverable fees with nonrecoverable fees and the court could not tell which portions were recoverable. The court also found that work on oral argument in Common Pleas Court was not incurred as a result of the removal and was therefore not awardable.

What the court said

the block-billed entries commingle recoverable fees with nonrecoverable fees and this Court cannot discern which portions of these entries are recoverable on the present record and therefore will disallow both entries in their entirety

The court also reduced the award for: unrelated claims.

Why it matters

The ruling shows that a court will reject an entire time entry, not just trim it, when block billing leaves recoverable and nonrecoverable work mixed together and the record does not allow the court to separate them. It also shows fees are limited to work caused by the removal.

How to keep this out of your fee petition

• Record one task per entry, each with its own time.
• Write the entry when the work happens, not at the end of the week.
• If a task really is one unit of work, say what it was and what it produced.

Cite this ruling

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