Tag Archives: 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
S.D.Fla.: Defendant’s Generalized Affirmative Defenses Struck; FLSA Plaintiff Entitled To Attorneys’ Fees If Prevails
Romero v. Southern Waste Systems, LLC This case was before the Court pursuant to Plaintiffs Motion to Strike Defendant’s Affirmative Defenses to Plaintiff’s Complaint. Plaintiff moved to strike several affirmative defenses, including a generalized reference to all “white collar” exemptions, … Continue reading
Filed under Affirmative Defenses
N.D.Ill.: Offer Of Judgment, Silent On Its Face As To Attorneys Fees And Costs, Read To Allow For Attorneys Fees And Costs
Garcia v. Oasis Legal Finance Operating Co. Plaintiff filed a one-count Complaint against Defendant in which she asserted violations of the Equal Pay Act, 29 U.S.C, § 206 et seq., and requested, inter alia, the following relief; an Order awarding … Continue reading
Filed under 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
