Category Archives: Attorney’s Fees
D.Or.: FLSA Supports Award Of Attorney Fees For Post-Judgment Collection Efforts
Van Dyke v. BTS Container Service, Inc. After plaintiff prevailed in this FLSA case, Judgment was entered for $4,724.29 and a Supplemental Judgment for $35,248.10 in attorney fees and costs. Due to financial difficulties, Defendants failed to satisfy the judgment, … Continue reading
Filed under Attorney's Fees
S.D.N.Y.: Notwithstanding Defendants’ Disclaimer Of Liability, FLSA Plaintiffs That Accepted OJ Are “Prevailing Party”; Entitled To Reasonable Attorneys’ Fees And Costs
Kahlil v. Original Old Homestead Restaurant, Inc. Plaintiffs moved for attorneys’ fees and costs following their acceptance of Defendants’ offer of judgment. The Defendants argued there was no fee entitlement, because their offer contained a disclaimer of liability. Rejecting this … Continue reading
Filed under Attorney's Fees, Offer of Judgment
M.D.Fla.: Magistrate Judge Overruled; Plaintiff’s Attorney Need Not Wait Until Plaintiff Paid All Proceeds Of Settlement To Receive Fees And Costs
Maya v. Green Thumb Landscaping, Inc. As the economy has worsened, everyone across the board has felt the pinch. As a result, many smaller employers wishing to settle FLSA cases seeking unpaid wages and/or unpaid overtime, have sought to enter … Continue reading
Filed under Attorney's Fees
11th Cir.: Plaintiff Not Entitled To Prevailing Attorneys’ Fees, Although She Prevailed, Because Plaintiff’s Attorney Owed A Greater Duty To The Defendant, Who Violated The FLSA, Than His Own Client
Sahyers v. Prugh, Holliday & Karatinos, P.L. In a decision, which is widely being questioned in legal and scholarly circles, the 11th Circuit affirmed the lower Court’s decision that Plaintiff’s attorney was not entitled to any attorney’s fee, despite the … Continue reading
Filed under Attorney's Fees
E.D.N.Y.: Plaintiff’s Prevailing Fees Not Subject to Reduction Because of Low Opt-in Rate
Estrella v. P.R. Painting Corp. The E.D.N.Y. joined Courts from around the Country, (see, e.g. Prater v. Commerce Equities Management Co., Inc., 2008 WL 5140045 (S.D.Tex. 2008)), and found that where, as here, the Plaintiffs recovered their full unpaid overtime … Continue reading
Filed under Attorney's Fees
