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Tuesday, January 19, 2010

Ind. Decisions - One Indiana opinion today from the 7th Circuit

In Gastineau v. Wright (SD Ind., McKinney), a 5-page opinion, Judge Kanne writes:

This is an appeal by Robert Duff, attorney for the plaintiffs-appellants, from the district court’s corrected order on plaintiffs’ motions for attorney’s fees. Following a settlement on the first scheduled day of trial for the sum of $45,045.77, Duff submitted a motion requesting $140,290.00 in fees.2 In its discretion, the district court determined that Duff’s experience and performance warranted much less, awarding $52,305.00 in fees. Duff argues that the district court erred in determining a reasonable fee by reducing his billable rate and the number of hours billed. Because we find that the judge did not abuse his discretion in setting the amount of the fee, we affirm. * * *

This is clearly the case of an experienced district judge that considered the various factors in setting a reasonable attorney’s fee and provided a sufficient explanation. Because there was no abuse of discretion, we AFFIRM.

Posted by Marcia Oddi on January 19, 2010 11:11 AM
Posted to Ind. (7th Cir.) Decisions