Magazine article HRMagazine

Six-Figure Attorney Fees Award Not Disproportionate

Magazine article HRMagazine

Six-Figure Attorney Fees Award Not Disproportionate

Article excerpt

Diaz v. Jiten Hotel Management Inc., 1st Cir., No. 13-1444.

A six-figure award for attorney fees and costs for a lawsuit that resulted in a damage award of $7,650 was not so disproportionate as to constitute an abuse of discretion, the 1st U.S. Circuit Court of Appeals ruled.

After losing her job as executive housekeeper at a Holiday Inn, Carmen Diaz filed a lawsuit against the hotel's operator, Jiten Hotel Management Inc., alleging, among other things, age discrimination. After many of her claims were withdrawn or dismissed, a jury returned a verdict that awarded Diaz $7,650. Judgment was entered in her favor and affirmed on appeal. She then sought attorney fees and costs for all hours reasonably spent on the entire case. Initially, the district court reduced Diaz's attorney's claimed fees by two-thirds to account for the fact that much of counsel's time was devoted to pursuing claims that were eventually dropped or dismissed, resulting in an award of $44,766. The district court then further reduced the award to $25,000. Diaz appealed.

The 1st Circuit determined that the district court had not abused its discretion by excluding the unsuccessful claims from the calculation, but it held that the lower court had erred in further reducing the fees. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.