D. Minnesota cuts ERISA benefits fee award 29.4%, including for clerical work

What happened

The plaintiff's firm, PARKER DANIELS KIBORT LLC, requested $445,488.75 in fees for 1,068 hours. The court awarded $314,440.29, a reduction of $131,048.46 or 29.4%. It lowered the hourly rate applied to some of the hours billed at higher rates, cut 215.8 hours on unrelated claims by 50% for $16,569, reduced 16 hours of administrative and clerical tasks to a paralegal rate for $5,652.50, and applied a 15% reduction to the total fee award for excessive and duplicative time.

What the court said

the Court will apply a paralegal rate of $185 to the 16 hours billed for administrative and/or clerical tasks. This results in a reduction of $4,005 ... and a reduction of $1,647.50 ... for a total reduction of $5,652.50

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

Why it matters

The ruling shows courts will separate clerical tasks from legal work and pay them at paralegal rates, and will reduce hours tied to unsuccessful claims. It also shows a global percentage cut for excessive and duplicative time can follow item-by-item adjustments.

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 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.