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Fees Motion: S.D. Ohio

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  • Fees Motion: S.D. Ohio

    In a recent case out of the southern district of Ohio, the court wrestles with the Defendant and Counter-Claimant's motion for attorney fees, prejudgment and post-judgement interest and costs. Although courts may award attorney fees in ERISA actions, examples of the court doing so are few and far between. Unsurprisingly, however, I would not be posting this case if it didn't fall into that small minority. Following the factors set out in Labor v. King, the court reasons through the issue.
    Of interest to those of us that practice this type of law, is the actually amount that the court awarded:

    B. Rate and Hours
    Based on the evidence before this Court, which includes affidavits of counsel, and reasonable legal statements indicating the date, task, amount and individual billing, as well as the legal rates, the Court will approve an award of attorney fees and expenses as follows: James D. Brookshire: $104,260.00, $40,391.68, and $5,949.36; David L. Mikel: $2,600.00 and $1,875; and Goldstein & Russell, P.C. $25,050.00.
    The full opinion is attached below.
    Attached Files