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‘Outrageously Excessive’ Requests for Attorney Fees Can Be Altogether Denied, 3rd Circuit Says

By on September 17, 2018 in Litigation-Business, Litigation-Personal
Money - cash

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A federal appeals court has upheld a federal judge’s decision to deny as “grossly excessive” a request for more than $900,000 in attorney fees based on a $100,000 punitive award, reports the ABA Journal.

The Philadelphia-based 3rd U.S. Circuit Court of Appeals, found that, when a request under a fee-shifting statute is “outrageously excessive,” a judge may deny the award altogether if the statute gives the judge discretion in awarding fees.

Journal reporter Debra Cassens Weiss explains:

Lawyers seeking the fees had admittedly tasked one lawyer with recreating time records that included vague descriptions and excessive hours, the appeals court said. Sixty-four hours were billed for “transcripts/clips” and 562 hours were billed to prepare for a week-long trial. There were only five witnesses for both sides.

Read the ABA Journal article.