Tag Archives: Attorney’s Fees
S.D.Fla.: Defendants Did Not Moot FLSA Case By Tender of Unpaid Wages and Liquidated Damages Without Attorneys Fees and Costs
Diaz v. Jaguar Restaurant Group, LLC In the first post-Dionne II case, a court in the Southern District has denied an FLSA defendants’ motion to dismiss based on tender of unpaid wages and liquidated damages, absent payment of attorneys fees … Continue reading
Filed under Attorney's Fees
11th Cir.: Following Tender of Unpaid Wages and Liquidated Damages, an Employer Only Moots a Case if the Plaintiff Agrees to Dismissal, Absent Payment of Mandatory Fees and Costs
Dionne v. Floormasters Enterprises, Inc. Following a controversial opinion that created more questions than it answered, the Eleventh Circuit reconsidered it’s prior Opinion in this case and in so doing largely restricted its holding to the unique facts presented in the … Continue reading
Filed under Attorney's Fees, Wage Theft
2d. Cir.: Award of Attorney’s Fees for All Time Worked Cannot Be Based Solely Upon Court’s Observation of Counsel
Scott v. City of New York This case was before the Second Circuit for the second time on the issue of attorney’s fees. The plaintiffs prevailed in the underling case, but the plaintiffs’ attorney failed to keep contemporaneous time records. … Continue reading
Filed under Attorney's Fees
S.D.Ind.: FLSA Defendant Not Entitled to Discovery of Plaintiff’s Attorney’s Billing Records, Until Such Time Plaintiff Is “Prevailing Party”
Johnson v. Bridges of Indiana, Inc. This case was before the court on the defendant’s motion to compel discovery of plaintiff’s attorney’s billing records. In denying the motion, the court noted that only a “prevailing” plaintiff is entitled to attorney’s … Continue reading
Filed under Attorney's Fees, Discovery
S.D.Tex.: Defendant Who Prevailed at Trial Following OJ, Not Entitled to Award of Attorney’s Fees Under FLSA
Tran v. Thai While not a novel concept, this case demonstrates a commonly misunderstood concept in FLSA jurisprudence, an FLSA defendant who prevails at trial, following the tender of an offer of judgment (OJ), is not entitled to an award … Continue reading
Filed under Offer of Judgment
D.Ariz.: Employee Who Resolved His Claims For Unpaid Overtime Prior To Lawsuit Entitled To Award Of Attorney’s Fees Under § 216
McBurnie v. City of Prescott Before the court was plaintiff’s motion for summary judgment regarding entitlement to attorneys fees following his presuit acceptance of a check that purported to resolve all of his claims for unpaid overtime wages and attorneys … Continue reading
Filed under Attorney's Fees, Settlements
2d. Cir.: Contested Attorney’s Fee Petition Must Be Accompanied By Contemporaneous Time Records
Scott v. City of New York After prevailing at trial, the Plaintiff in this Fair Labor Standards Act (FLSA) case, moved for an award of attorney’s fees and costs pursuant to 216(b). The Defendant opposed the amount of attorney’s fees … Continue reading
Filed under Attorney's Fees
11th Cir.: Rehearing En Banc Denied On Refusal To Award Prevailing FLSA Plaintiff Attorney’s Fees; Strong Dissents
Sahyers v. Prugh, Holliday & Karatinos, P.L. In a decision discussed here previously, the 11th Circuit had affirmed the trial court’s decision to award no attorneys fees or costs, in a case where they reasoned that attorney civility towards one … Continue reading
Filed under 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
